Myra Haynes, Pearl Garrett, Beatrice Thompson and Glenn Barr v. Eagle-Picher Company, a Corporation

MURRAH, Chief Judge.

This is an appeal from a judgment of the trial court denying recovery of additional royalty allegedly due the plaintiff-appellants under a mining lease.

Plaintiffs are the present owners of an undivided one-half interest in a quarter section of land in Kansas. In 1912 the predecessor of the plaintiffs executed a lease to O. M. Youse for a primary term of ten (10) years which provided, inter alia, that “the privilege of operating shall continue as long as oil, minerals, or other substances of value can be produced in paying quantities.” The material portion of the royalty…