Sanders v. Birmingham

The opinion of the court was delivered by

Prager, J.:

This is an action seeking partial cancellation of an oil and gas lease and for release of 40 acres from the leasehold interest. The basis of the action is the alleged failure of the lessee to carry out its obligation to comply with the implied covenant of further development. The essential facts are not in dispute and are as follows: On May 31, 1955, the plaintiffs-appellees, P. M. Sanders and Julia Sanders, his wife, executed an oil and gas lease to the defendants-appellants, E. L. Birmingham, Jr., W. N. Bartlett and Richard Hindery, a…