AUZENNE v. LAWRENCE OIL COMPANY

No. 1546.

179 So.2d 533 (1965)

Wagner AUZENNE et al., Plaintiffs-Appellants, v. LAWRENCE OIL COMPANY, Inc., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 17, 1965.


Attorney(s) appearing for the Case

J. Barry Mouton, Lafayette, for plaintiffs-appellants.

Erwin & Lee, by Earl E. Veron, Lake Charles, Bailey & Mouton, by George J. Bailey, Lafayette, for defendants-appellees.

Before TATE, SAVOY, and HOOD, JJ.


TATE, Judge.

This is a suit by landowner-lessors to cancel a mineral lease. The ground of cancellation urged is the failure of the defendant lessee-interests to pay shut-in gas royalty as allegedly required by the lease. The plaintiff landowners appeal from the dismissal of their suit.

Pertinently, the undisputed facts are:

The plaintiffs are owners in indivision of a 30-acre tract. In 1959, the defendant lessee obtained two mineral leases from the...

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