White v. Young

Opinion by

Mr. Justice Cohen,

On September 3, 1945, White, the appellee (lessor), leased an eighty-four acre tract of land to Young, the appellant (lessee), for the purpose of drilling and operating for petroleum, oil and gas. The lease was for a term of ten years, “and as much longer as [o]il or [g]as is found in paying quantities, or the hereinafter described rental is paid.” As is customary with this type of lease, rental was to be based upon a fractional division of the amount of oil and gas produced, with the lessor to receive a one-eighth royalty from such oil and gas. Since the tract in…