Superior Oil Co. v. Beery

Under the terms of the contract here involved, the lease was for a term of ten years, “and as long thereafter as oil, gas or other mineral is produced from said land hereunder. ’ ’ There was no provision for production by operation of law, as might be contemplated from forcible pooling. The only kind of production allowed for was “hereunder,” that is, under this lease contract. Obviously the draining of gas from this land incidental to a well nearby was not within the contemplation of the parties at the time of the execution of the lease. And since no well was drilled on this acreage during…