Winn v. Nilsen

OPALA, Justice.

The first-impression issue dispositive of this appeal is whether a primary five-year term in an oil-and-gas lease expires at midnight on its anniversary date. We answer in the affirmative.

This is lessors’ appeal from summary judgment that establishes the termination point of a five-year oil-and-gas “commencement-type” 1 lease at midnight of February 16,1982. The lease in suit was executed on, and bears the date of, February 16, 1977. The sole disputed issue below was whether lessees [operators] had until the end of February 15, 1982 or of February 16, 1982 to commence…