Elliott v. Davis

ROBINSON, Justice.

This is a suit by lessors to cancel mineral leases on the grounds that lessees had exercised pooling provisions in bad faith. The trial court granted the plaintiff’s motion for summary judgment declaring that the pooled unit insofar as it pertained to the plaintiffs’ leases was cancelled and that the plaintiffs’ leases had expired by their own terms. Defendants appeal. Reversed and remanded.

Between April and August of 1969 the plaintiffs executed to defendant Nueve Operating Company oil and gas leases on their land in Cottle County. In addition to the plaintiffs’ land, Nueve…