Gillette v. Pepper Tank Co.

PIERCE, Judge.

From a judgment entered after trial to the court in an action for determination of the validity of an oil and gas lease held by defendants, both defendants and plaintiffs appeal. We previously remanded for further findings, and now consider the appeal upon resubmission.

The lease provides for a 4-month primary term and as long thereafter as oil or gas is produced. The principal saving clause, relied on by the trial court, provides:

“It is agreed that this lease shall never be forfeited or cancelled for failure to perform in whole or in part any of its implied covenants,…