Brown v. Union Oil Co.

OPINION DENYING REHEARING.

The opinion of the court was delivered by

Dawson, J.:

A rehearing is asked in this case where we held in substance that the holder of an oil and gas lease on 2,347 acres of land under an implied covenant to explore and develop it could not hold so great an acreage indefinitely when the only exploration and development undertaken was during the last few months of the fixed five years’ term of the lease, and was confined to a relatively small portion of the land (320 acres); and that in withholding a decree of cancellation of the lease on the unexplored acreage (2,027…