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JOLYNNE CORP. v. MICHELS

No. 21822.

446 S.E.2d 494 (1994)

191 W.Va. 406

JOLYNNE CORPORATION, Plaintiff Below, Appellant, v. Donald G. MICHELS and Inco 3, Inc., et al., Defendants Below, Appellees. Donald G. MICHELS and Inco 3, Inc., Defendants and Second-Party Plaintiffs Below, Appellees, v. David R. REXROAD and Lynne W. Rexroad, Second-Party Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 15, 1994.

Attorney(s) appearing for the Case

James A. Varner, Catherine D. Munster, McNeer, Highland & McMunn, Clarksburg, for Jolynne Corp., and David R. and Lynne W. Rexroad.

R. Clarke Vandervort, Mark A. Toor, Robinson & McElwee, Charleston, for Donald G. Michels and Inco 3, Inc.

NEELY, Justice:

The Jolynne Corporation appeals a jury verdict in the Circuit Court of Upshur County holding valid an oil and gas lease on Jolynne's property leased to Donald G. Michels and INCO 3, Inc. (hereinafter Mr. D. Michels). Jolynne maintains that, because of misleading instructions, the jury failed to find the oil and gas lease abandoned even though the evidence shows that Mr. D. Michels produced no oil or gas...

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