Minerva Oil Co. v. Sohio Petroleum Co.

This is an action for declaratory judgment to construe an oil and gas lease. On July 18, 1938, the defendants appellants, Adella B. Breeze and others executed an oil and gas lease as lessors, to the Minerva Oil Company, a corporation, the plaintiff appellee, as lessee.

Under the lease the lessee covenants:

“(1) To deliver to the credit of Lessors, free of costs, in the pipe line to which Lessee may connect wells on said land, the equal three-sixteenths (A-ths) part of all oil produced and saved from the leased premises, so long as the wells drilled thereon shall produce an average of ten…