Erigan v. Sirtex Oil Industries, Inc.

WILSON, Justice.

Whether a surface lease terminated by nonpayment of rental is the question in this case. The trial court granted appellee’s motion for instructed verdict, and rendered a declaratory judgment that it had not terminated. Lessor appeals.

The surface lease contract recited existence of an oil and gas lease, not in evidence, which described the same property. The surface lease provided:

“The term of this lease shall run concurrently and be coextensive with the life of said oil and gas mining lease, and this surface lease shall be deemed to have terminated when such oil and gas lease…