McVicker v. Horn, Robinson & Nathan
Supreme Court of Oklahoma
322 P.2d 410 (Okla. 1958)
Relevant factsFree
John McVicker (plaintiff) executed an oil and gas lease, later assigned to Horn, Robinson & Nathan (defendant), requiring gas or oil production within a one-year primary term ending October 31, 1954. Horn completed a well and discovered gas by May 1, 1954, but despite diligent efforts had not marketed the gas by the term's end, and McVicker sued to quiet title, arguing the lease automatically terminated for failure to market. The trial court found for Horn, and McVicker appealed.
IssueFree
Whether an oil and gas lease requiring production by the end of the primary term automatically terminates if the lessee discovers oil or gas within the primary term but does not market it within that term.