JOHNSON v. HAMILL

Civ. No. 11072.

392 N.W.2d 55 (1986)

Raymond J. JOHNSON, Elna C. Johnson, Richard D. Johnson and Clifford A. Johnson, Plaintiffs and Appellants, v. Claud B. HAMILL; Terra Resources, Inc., formerly Farmland International Energy Company; Solar Petroleum, Inc.; Paris-Williston Corporation now doing business as Burgan Resources Corporation; Koch Exploration Company; TXO Production Corporation; Daharavi Investments N.V.; Dover Fiduciary Corporation; and Theo-Davies-Williston, Inc., Defendants and Appellees.

Supreme Court of North Dakota.

July 28, 1986.


Attorney(s) appearing for the Case

Michel W. Stefonowicz, Crosby, Jeffrey J. Peterson, Bowbells, and C.B. Thames, Jr., Bismarck, for plaintiffs and appellants; argued by Jeffrey J. Peterson; appearances by Michel W. Stefonowicz and C.B. Thames, Jr.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendants and appellees; argued by Jane Fleck Romanov.


ERICKSTAD, Chief Justice.

The Johnsons (lessors) appealed from a district court judgment dismissing their action against the defendants (hereinafter referred to as either Terra or the lessees) for cancellation of an oil and gas lease. We affirm.

Raymond and Elna Johnson own the surface and mineral estates in the following land, comprising 678.32 acres in Divide County:

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