Bp America Production Company v. Red Deer Resources, Llc

In this case, we must determine whether a jury’s finding that a gas well was incapable of production- in paying quantities the day after the producer closed the valve, and eight days after the last gas was sold or used, can support a judgment terminating the producer’s lease in its secondary term. Because we conclude that the top-lease holder did not obtain a finding that the well was incapable of production’ in paying quantities on the material date under the plain language of the lease, we hold- that the producer’s lease remains valid without reaching the parties’ other issues. Accordingly,…