Legal Opinion

Asberry v. Saint Joseph Petroleum, Div. Beaver Engineering, Inc.

Court of Appeals of Tennessee

Decided March 2, 1983No. 82-241-IIPublishedCited by 1 opinion

1Opinion of the Court

OPINION

CONNER, Judge.

This lease for approximately fifty acres of land with a primary term of six months was executed by the plaintiffs-appellants, James B. Asberry and wife, Nina Asberry (lessors), and the defendant-appellee, Saint Joseph Petroleum (lessee),1 on February 28, 1979. It was a printed form lease which contained what is commonly known as a “delayed rental” provision. However, that portion was modified to read:

If no well be completed on said land on or before 6 months from said date, this lease shall terminate as to both parties.

The language relating to the base term stated:

It is…

2Cases cited19 opinions

  1. Clifton v. KoontzTexas Supreme Court · 1959
  2. Hanover Insurance Company v. HaneyTennessee Supreme Court · 1968
  3. Morriss v. First Nat. Bank of MissionCourt of Appeals of Texas · 1952
  4. Associated Press v. WGNS, INCORPORATEDCourt of Appeals of Tennessee · 1961
  5. Scott v. Pure Oil Co.Court of Appeals for the Fifth Circuit · 1952

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3Cited by1 opinion

  1. Cali-Ken Petroleum Co. v. SlavenCourt of Appeals of Tennessee · 1988

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