SUPERIOR OIL CO. v. STANOLIND OIL & GAS CO.

No. A-2767.

240 S.W.2d 281 (1951)

SUPERIOR OIL CO. et al. v. STANOLIND OIL & GAS CO. et al.

Supreme Court of Texas.

Rehearing Denied June 27, 1951.


Attorney(s) appearing for the Case

Willard B. Wagner and Williams, Lee & Kennerly, all of Houston, Stubbeman, McRae & Sealy, Midland, Black & Stayton (John W. Stayton), Austin, for petitioners.

Turner, Rodgers, Winn, Scurlock & Terry, Carlton R. Winn and C. Sidney McClain, all Dallas, P. E. Ponder, Sweetwater, John Sentell, Snyder, Donald Campbell and L. A. Thompson, Jr., Tulsa, Okl., for respondents.

Wm. N. Bonnar, Houston, and Bushy, Harrell & Trice, Ada, Okl., amici curiae.


GRIFFIN, Justice.

On March 3, 1944, J. O. Dodson, et al, owners executed to P. W. Anderson an oil and gas lease on a section of land located in Scurry and Borden Counties for a primary term of 10 years. They used a printed form described as "C-88 R-Producers' 88 Special-Texas Form." The dispute between the parties is determined by the proper construction of the primary term, rental and dry hole provisions of the lease, which are, respectively:

"It is agreed...

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