Baker v. Hugoton Production Co.

The opinion of the court was delivered by

Price, J.:

This case involves the construction of, and rights under, a written instrument designated as “Sale of Oil and Gas Royalty.”

More specifically, the basic question is whether production on a part of the 3,630 acres covered by the instrument during its primary term perpetuated and extended the successor grantee’s interest as to the remaining 680 acres included therein on which there was no development or production until after the expiration of the primary term.

The trial court answered the question in the negative and plaintiff grantee appealed.

Th…