Temple v. Continental Oil Co.

The opinion of the court was delivered by

Schroeder, J.:

This action is brought by the landowners and other royalty owners to cancel an oil and gas lease as to a portion of a quarter section leasehold for violation of an implied covenant to develop. Defendants have appealed from a judgment in which they were allowed a period of four months from June 29, 1956, in which to commence the drilling of an oil and gas well on the ten-acre tract in question, or in the alternative that they surrender said tract to the plaintiffs.

On March 9, 1929, the then Owners executed a lease upon the Southwest…