Cresswell v. Dixie Co.

■ HICKMAN, C. J.

Appellant, G. O. Cress-well, executed and delivered to appellees the Dixie Company, C. R. Starnes, and G. A. Davisson an oil and gas lease covering about 1,000 acres of land in Callahan county, which contained' the following provision:

“Lessees agree and bind themselves to drill, with due diligence,’ the well already commenced and now being drilled on the Charles Allen land, to a depth of 3,350 feet unless oil or gas is found in paying quantities at a lesser depth, or unless bottom of the Ellenberger lime is encountered at a lesser depth, and unless salt water should be…