XAE CORP. v. SMR Property Management Co.

SUMMERS, Vice Chief Justice,

Concurring in part and dissenting in part.

¶ 1 Although I agree with much of the Court’s opinion, I respectfully disagree with its method of determining when an implied covenant is present, and with the Court’s *1209reliance upon Kile v. Amerada Petroleum Corp., 118 Okla. 176, 247 P. 681 (1926).

¶ 2 The Court’s opinion states that an implied covenant arising from an oil and gas lease cannot ordinarily be enforced by the possessor of an overriding royalty interest. I agree. But that is not our case today. Rather, the possessor of the overriding interest is attempting to…