Casey v. Western Oil & Gas, Inc.

DICKENSON, Justice.

The controlling question is whether a 1929 oil and gas lease terminated when production ceased for two months in 1977.

Plaintiffs, H. R. Casey and others who own or claim surface and mineral rights in an 80 acre tract, sued Western Oil and Gas, Inc. Plaintiffs asked that Western’s oil and gas lease “be declared terminated.” Following a nonjury trial, judgment was ren dered on May 29, 1980, that Plaintiffs take nothing and declaring that Western’s oil and gas lease is in full force and effect. Plaintiffs appeal. We affirm.

The trial judge made the following findings of fact…