GILLETTE v. PEPPER TANK CO.

No. 80CA0232.

694 P.2d 369 (1984)

Miles T. GILLETTE, individually and as Trustee for the Vera F. Jennings Trust, Jack W. Gillette, Vera F. Jennings, Lydia Dunbar, as personal representatives of the Estate of Edward L. Dunbar, Deceased, Lydia Dunbar and Charles A. Underwood, Plaintiffs-Appellees and Cross-Appellants, v. PEPPER TANK COMPANY, a corporation, Morton M. Pepper, and Eloyce D. Pepper, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing October 18, 1984.


Attorney(s) appearing for the Case

Samuel L. McClaren, Kreutz & Associates, James K. Kreutz, Denver, for plaintiffs-appellees and cross-appellants.

Ireland, Stapleton & Pryor, P.C., James C. Ruh, Paul S. Sanzo, William J. Leone, Denver, for defendants-appellants and cross-appellees.


PIERCE, Judge.

From a judgment entered after trial to the court in an action for determination of the validity of an oil and gas lease held by defendants, both defendants and plaintiffs appeal. We previously remanded for further findings, and now consider the appeal upon resubmission.

The lease provides for a 4-month primary term and as long thereafter as oil or gas is produced. The principal saving clause, relied on by the trial court, provides:

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