Carter Oil Co. v. Samuels

■ This is an action to recover damages for the breach of an implied covenant in an oil and gas lease to protect the premises from drainage by offset wells. The lease was on a Producers 88 form and was executed on March 15, 1920, for a primary term of ten years and was subsequently assigned to the Carter Oil Company, the defendant below. Plaintiff is the owner of an undivided l/16th interest in the mineral rights which he acquired from the lessors subsequent to the execution of the lease.

The lease provided for the payment of yearly delay rentals “to the lessor, or to the lessor’s credit in the…