Kirker v. Shell Oil Co.

HANSON, J. pro tem.

The decision of this case turns primarily upon the question whether in a community oil lease, granted for a period of 20 years “and for so long thereafter as Lessee shall conduct drilling ... or producing operations on the leased land, or be excused therefrom, as hereinafter’ provided; . . . ,” a provision not a, part of the granting or habendum clauses, requiring the lessee to commence drilling operations prior to a date therein named, is a special limitation, which automatically ended the lease for a breach thereof or whether it is a covenant or condition subsequent…