Kuehne v. Samedan Oil Corp.

I agree with that said in the majority opinion, but I wish to comment briefly upon appellants’ contention that the pertinent issue concerns an alleged violation of the implied covenant of reasonable development.

*1041Implied covenants are particularly germane to oil and gas leases. See 5 Kuntz, Oil and Gas, Ch. 54, et seq. (1978 Rev.); 2 Summers, Oil and Gas, § 391, et seq. (1959). But an implied covenant may be superseded by an inconsistent express provision in the lease agreement. Brimmer v. Union Oil Co. of California, 81 F.2d 437 (10th Cir. 1936); Adkins v. Adams, 152 F.2d 489 (7th Cir. 1945);…