BLAUSEY v. STEIN

No. 79-471.

61 Ohio St. 2d 264 (1980)

BLAUSEY, APPELLANT, v. STEIN, APPELLEE.

Supreme Court of Ohio.

Decided February 20, 1980.


Attorney(s) appearing for the Case

Messrs. Kline and Corogin, and Mr. Dale A. Kline, for appellant.

Mr. Jonathan B. Cherry, for appellee.


HOLMES, J.

The primary term of the lease under consideration expired in 1939. The resolution of this appeal turns upon the meaning of the phrase "found in paying quantities" contained in the habendum clause.

In Murdock-West Co. v. Logan (1904), 69 Ohio St. 514, 520, this court held that the mere existence of oil which is capable of being produced is insufficient to support an extension of the leasehold under this type of lease, unless...

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