CLAYTON v. ATLANTIC REFINING COMPANY

Civ. No. 3363.

150 F.Supp. 9 (1957)

Jerry B. CLAYTON, individually and as Trustee for Jerre Clayton Hubbard and Barbara Clayton Anderson, and Barbara Clayton Anderson and Jerre Clayton Hubbard, Plaintiffs, v. The ATLANTIC REFINING COMPANY, a corporation, Defendant.

United States District Court D. New Mexico.

April 10, 1957.


Attorney(s) appearing for the Case

C. R. Brice, Schauer & Stiff, Roswell, N. M., for plaintiffs.

Hervey, Dow & Hinkle, Roswell, N. M., for defendant.


ROGERS, District Judge.

This is an action for cancellation of an oil and gas lease, insofar as it covers a quarter of a section of land for an alleged breach of an implied covenant reasonably and properly and fully to explore, test and develop the leasehold premises.

The lease in question covers 1,280 acres, composed of five separate or non-contiguous tracts in Lea County, New Mexico. It was executed May 14, 1940, between the fee title predecessor of the plaintiffs...

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