D. B. Benson Et Al. v. O. A. Harrell Et Al‪.‬

This is a suit for attorneys fee. Plaintiffs, D. B. Benson et al., sought by one count to recover same as though it were a liquidated property in the nature of a 50% interest in overriding royalty related to production under a certain oil and gas lease. The theory was that plaintiffs were entitled to recover the interest under and by virtue of a written contract of employment. In the alternative, plaintiffs sought by another count to recover on quantum meruit a judgment in money for the value of their services. Resisting the claim, the defendant O. A. Harrell filed a motion for summary judgment. He will be hereinafter referred to as the only defendant, since the other party sued was a mere stakeholder. Upon a hearing, summary judgment was entered in behalf of the defendant. Plaintiffs appealed.