Lucky Thirteen Oil Syndicate v. Barrett

I am unable to concur. I take a different view in this case from that expressed in the majority opinion. It is my opinion that the court is attempting to write and substitute another and different contract than that which was entered into by the lessor and lessee, and thereby render nugatory a condition precedent incorporated in the oil and gas lease in question. The instrument is a drilling contract, incorporated in an oil and gas lease, on form 88, well known to the oil operators in the Mid-Oontinent Field. The parties to the original lease were W. S. Barrett and wife, lessors, and the…