Krienke v. Southwestern Superior Products Corp.

McDONALD, Chief Justice.

This suit was instituted by appellant against appellee for the purpose of obtaining construction of a “sand, gravel, limestone, dolomite and rock lease”, and a declaration of the rights, duties, and liabilities of the parties thereunder. Appellant is lessor, and appellee is assignee of the original lessee. Such lease is dated August 19, 1948 and provides for a primary term of 20 years, with options to lessee to renew for 20 additional years. Pertinent portions of such lease are:

“Sand, Gravel, Limestone, Dolomite and Rock Lease. * * *

“1. Lessor (Krienke) for and in…