Rogers v. Heston Oil Co.

LAVENDER, Justice:

Appeal from trial court’s order granting summary judgment in favor of defendants below, lessees of an oil and gas lease and against plaintiff below, lessor in lessor’s action for damages arising out of alleged breach of an implied covenant to protect against drainage by lessees’ producing well in proximity to lessor’s leased land.

The Court of Appeals affirmed the lower court’s judgment, holding that Carter Oil Co. v. Samuels, 181 Okl. 218, 73 P.2d 453 (1937) is determinative. We granted certio-rari. We now direct that the opinion of the Court of Appeals be withdrawn, and…