Fain-McGaha Oil Corp. v. Owens

Mr. Judge German

delivered the opinion of the Commission of Appeals, Section A.

As of date March 8, 1935, defendant in error B. W. Owens executed and delivered to plaintiff in error Fain-McGaha Oil Corporation an oil, gas and mineral lease upon 213.3 acres of land in Archer County, Texas. This lease was in the ordinary Texas Producers form, with provisions for payment of usual royalties, but contained the following special stipulation: “As an additional consideration lessee agrees to begin drilling operations at some point on the above described land within sixty days and to prosecute such…