Bennett v. Hebener

This is an action to terminate a mineral lease between plaintiffs-lessors and defendants-lessees. Defendants appeal from a decree extinguishing their rights under the lease. We affirm.

Plaintiffs’ parents entered into the lease with defendant Robert Hebener and his business partner, Elmer Jenkins, in 1958. The lease concerned a gravel pit and gravel stockpile located about 5 miles north of Burns. The lease for removal of gravel from the pit was for 30 years with an option in lessees to renew for an additional 30 years. Lessees were to pay lessors rental “of 5 ■ per cubic yard of gravel mined…