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BREEDLOVE v. PENNZOIL CO.

Nos. 19496, 19496-1.

399 S.E.2d 187 (1990)

Emmit BREEDLOVE and Wilma Breedlove, his wife; Jack Cooper and Geneva Cooper, his wife; Sadie Dingess, widow; Donald E. Pack and Oneta J. Pack, his wife, v. PENNZOIL COMPANY, Defendant and Third-Party Plaintiff Below, and Adobe Oil and Gas Corporation, v. GUYAN OIL COMPANY, INC., and Newmont Oil Company, Third-Party Defendants Below. and Hazel WHITTEN, Edward Gillenwater, Thelma Gillenwater, Harry Lovejoy, and Sadako Lovejoy, Plaintiffs Below, v. PENNZOIL COMPANY and Adobe Oil and Gas Corporation, Defendants Below; Pennzoil Company, Third-party Plaintiff Below, v. GUYAN OIL COMPANY, INC., and Newmont Oil Company, Third-Party Defendants.

Supreme Court of Appeals of West Virginia.

November 9, 1990.

Attorney(s) appearing for the Case

David C. Shepler, Kay, Casto, Chaney, Love & Wise, Charleston, for Emmit Breedlove, Wilma Breedlove, Jack Cooper, Geneva Cooper, Sadie Dingess, Donald Pack and Oneta Pack.

J. Michael Weber, Davis, Bailey, Pfalzgraf & Hall, Parkersburg, for Pennzoil Co.

John McFerrin, Charleston, for Hazel Whitten, Edward Gillenwater, Thelma Gillenwater, Harry Lovejoy and Sadako Lovejoy.

Joseph Stevens, Hamlin, for Adobe Oil & Gas Corp.

Wesley F. Agee, Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, for Guyan Oil Co., Inc.

WORKMAN, Justice:

At issue in this case is whether the Circuit Court of Lincoln County correctly interpreted the provisions of several leases involving mineral rights when it determined that the lessees were not obligated to furnish free gas for household use to the appellant lessors. Having reviewed the subject language of the leases, we conclude that the covenant to provide free gas for household use was expressly dependent...

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