Millette v. Phillips Petroleum Co.

Appellants executed on May 18, 1941, a mineral lease containing the following provision: “In the event a well or wells producing* oil or gas .in paying quantities should be brought in on adjacent land and within one hundred fifty (150) feet of and draining the leased premises, or acreage pooled therewith, lessee agrees to drill such offset wells as a prudent operator would drill under the same or similar circumstances.” The lease is what is known as an ‘ ‘ unless- lease ’ ’, and provides for a primary term of ten years, and by mesne conveyances was assigned to appellee on August 27,1945.

In…