Hughes v. Cantwell

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This case involves the interpretation of an oil and gas lease and related questions surrounding the “unless” clause thereof.

The trial Court sitting without a jury, held that the lease had terminated for failure to comply with the “unless” clause. We affirm.

Appellant Hughes leased from the Appellee a fractional mineral interest in Section 49, Block 34, H & TC Railway Company Survey, Ward County, Texas; the parties acted under the belief that the leased interest consisted of an undivided ¼28⅛ interest or a net five mineral acres of the 640-acre section.…