Evans v. Gulf Oil Corp.

OPINION

SEERDEN, Justice.

Plaintiff/appellants challenge a summary judgment in their suit seeking a declaratory judgment that certain oil and gas leases had terminated and that defendant/appellees own no interest in the mineral estate, as well as damages for taking hydrocarbons after the alleged termination. Appellants contend that the leases lapsed under their habendum clauses due to failure to produce in paying quantities during two specific time periods. Appellees’ summary judgment motion 2 averred that the well had then produced in paying quantities, and attached evidence to show…