Baker v. Hugoton Production Co.

The opinion of the court was delivered by

Price, J.:

The question in this case involves the construction of a written instrument designated as “Sale of Oil and Gas Royalty.” More specifically, the basic question is whether production on a part of the 3630 acres covered by the instrument during its primary term perpetuated or extended the grantee’s interest as to 680 acres included therein on which there was no development or production until after the expiration of the primary term.

The trial court answered the question in the negative and plaintiff grantee has appealed.

Material portions of the…