Conley v. Boyd Oil Gas Company

Opinion of the Court by

Judge Logan

Affirming.

The appellant executed an oil and gas lease on the ninth day of February, 1920, which by mesne conveyance passed to the appellees. The lease contained this covenant :

“To pay the lessor $300 each year, in advance, for the gas from each well where gas only is found, while the same is being used off the premises.”

Four wells were drilled. One produced no gas. Two produced gas from the sand where gas is usually found in the territory, and there is no dispute about these two wells. The rentals have been paid in- accordance with the terms of the contract.…