Griffith v. Cedar Creek Oil & Gas Co.

MR. JUSTICE' MATTHEWS

delivered the opinion of the court.

In May, 1927, the plaintiffs, John Griffith and wife, leased to the defendant, Cedar Creek Oil & Gas Company, a tract of land in Fallon county for exploration and operation for oil and gas, for a term of five years and as long thereafter as oil and gas is produced.

The instrument, recites that the lessors “grant, demise, lease and let” the land described to the lessee, and that “in consideration of the premises the said lessee covenants and agrees: 1st. To deliver to the credit of the lessor * * * one eighth part of all oil produced and…