Ellison v. Skelly Oil Co.

My understanding of the law, in the situation disclosed by the facts in this case, does not admit of my concurrence in the majority opinion. I think the rule enunciated in Oldfield v. Gypsy Oil & Gas Co., 123 Okla. 293, 252 P. 298; Brazell v. Soucek, 130 Okla. 204, 266 P. 442; Brunson v. Carter Oil Co., 259 F. 656, and Brunson v. Carter Oil Co., 263 F. 935, is a salutary rule, and, under the facts, this case is well within the rule.

I think the judgment of the trial court should be affirmed. Here the owners of the lease had manifested an unequivocal intention to keep the lease alive, and had…