BARBY v. SINGER

No. 54957.

648 P.2d 14 (1982)

Boardman G. BARBY and Sondra Barby, husband and wife, SMN Venture, a partnership, Leland D. Barby, co-trustee of the Otto C. Barby trust, and Celestine Barby, Appellants, v. Joseph B. SINGER, Richard H. Fleischaker, Adeline J. Fleischaker, T.F. Thagard and John L. Crawford, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied July 20, 1982.


Attorney(s) appearing for the Case

Donald R. Liles, Sparks & Liles, Inc., Woodward, for appellants.

James M. Robinson, Monnet, Hayes, Bullis, Thompson & Edwards, Oklahoma City, for appellees.


LAVENDER, Justice:

The ultramafic issue presented is whether oil and gas leases covering lands in Beaver County, Oklahoma, providing for a primary term of one year and containing a habendum clause specifying that the lease shall remain in full force "as long thereafter as oil or gas, or either of them, is produced from said land by the lessee," terminated after the primary term had expired for failure to produce at a profit...

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