Superior Oil Co. v. Dabney

An oil, gas and mineral lease was entered into between J. C. Hutcheson, Jr., and others as lessors and The Superior Oil Company as lessee on December 20, 1941, covering the undivided interest of the lessors in 769 acres, more or less, known as the James Ross Survey in Montgomery County, Texas. The lease was for a primary term of five years and provided for certain royalties in kind and an overriding payment out of production. It also contained the following provision: “Lessee may at any time execute and deliver to Lessor or to the depository above named or place of record a release or…