The opinion
SICKEL, J.
(concurring specially). I agree that judgment in this case must be reversed. The payment of the sum of $78.25 was nothing more than an acknowledgment of the agreement by Preslar to pay Carr and Krogmaii five per cent of the increased consideration which Preslar was to receive under the Payne lease. The judgment was not an adjudication as to the amounts which might become due to Carr and Krogman as a share of the Preslar royalties.