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BARNES v. MACK OIL COMPANY

No. 39789.

376 P.2d 279 (1962)

H.H. BARNES and Mattie Barnes, Plaintiffs in Error, v. MACK OIL COMPANY, a corporation; Chester M. Crebbs; The Drilling and Exploration Company, Inc., a corporation; Glen S. Norville; N.W. Brillhart et al., Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied November 20, 1962.

Attorney(s) appearing for the Case

Clifford W. Clift, John B. Ogden, Oklahoma City, for plaintiffs in error.

Cund & Garvin, Duncan, for defendants in error.

HALLEY, Justice.

Plaintiffs, H.H. Barnes and Mattie Barnes owners of 50/160ths mineral interest in a certain 160 acre tract in Caddo County, Oklahoma, on November 20, 1957, commenced this suit against Mack Oil Company and certain other defendants who are lessees of an oil and gas lease on said tract to cancel the lease as to 120 of the 160 acres by reason of an alleged breach of the implied covenants to further develop and...

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