Smith v. Holmes

The opinion of the court was delivered by

Fatzer, J.:

This appeal involves the validity of a mineral lease entered into April 22, 1946, granting appellant lessee the right to quarry rock and other minerals for a primary term of five years “and as long thereafter as production is had” from land owned by appellees who claimed the lease had expired because of nonproduction following the expiration of the primary term.

On April 5, 1955, the State Highway Commission of Kansas instituted eminent domain proceedings to condemn the land described in the mineral lease. Those proceedings are in nowise…