Clopton Rogers v. Osborn

This is a suit to terminate an oil and gas lease. The principal questions are: Whether work done upon a first well in an unsuccessful effort to make it produce at and after the expiration *542of the primary term kept alive the lease; and if so, whether the drilling of and production from a second well commenced after the expiration of the primary term will support the lease. Our answer to the first is “Yes” and to the second “No”.

For a detailed statement of the facts see the opinion of the Court of Civil Appeals at 250 S.W. 2d 296.

Before the primary term expired on September 21, 1947, Well No. 1…