Blausey v. Stein

The primary term of the lease under consideration expired in 1939. The resolution of this appeal turns upon the meaning of the phrase “found in paying quantities” contained in the habendum clause.

In Murdock-West Co. v. Logan (1904), 69 Ohio St. 514, 520, this court held that the mere existence of oil which is capable of being produced is insufficient to support an extension of the leasehold under this type of lease, unless that oil has, in fact, been produced. The record indicates that appellee extracted oil in the period from 1971 through 1976. We must determine whether this oil was produced…