Cannon v. Cassidy

SIMMS, Justice:

Can an oil and gas lease be cancelled for lessees’ failure to pay accrued royalty when that failure is in violation of the express terms of the lease but such remedy is not expressly provided by the lease ?

The trial court answered in the negative, granting judgment to lessees. The Court of Appeals reversed the trial court, cancel-ling the leases and quieting title thereto against lessees. We Grant Certiorari, Reverse the Court of Appeals, and Reinstate the District Court’s judgment in favor of lessees.

The oil and gas leases in question provided for quarterly payments to lessors…