Stanolind Oil & Gas Co. v. Newman Brothers Drill. Co.

This is an action to determine the ownership of an undivided one-half of the mineral leasehold estate in 786.33 acres in Kent County. The rights of the parties turn upon the construction and application of the following provisions of two identical oil and gas leases:

“2. Subject to the other provisions herein contained, this lease shall be for a term of five (5) years from this date (called ‘primary term’) and as long thereafter as oil, gas or other mineral is produced from said land hereunder.”

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“5. If prior to discovery of oil or gas on said land Lessee should drill a dry hole or…