Freeman v. Magnolia Petroleum Co.

Mr. Judge Brewster,. of the Commission of Appeals, delivered the opinion for the Court.

This is a suit by petitioners to cancel an oil and gas lease of date April 7, 1930, covering 7,499 acres of land in Sherman and Hansford Counties, Texas. Respondents are the assignees of one Mager, original lessee. The provisions of the lease, relevant to the issues here, are as follows:

“2. Subject to the other provisions herein contained, which are not conditions, as is fully provided for in Article 8 hereafter, this.lease shall remain in force for a term of ten years from this date (called ‘primary term’)…