Stanolind Oil & Gas Co. v. Barnhill
Texas Court of Civil Appeals
107 S.W.2d 746 (Tex. Civ. App. 1937)
Relevant factsFree
Stanolind's (plaintiff) lease from Barnhill (defendant) ran for five years and thereafter only as long as oil or gas was produced in paying quantities; although Stanolind found gas during the five-year term, no market existed for that type of gas until months after the lease's five-year anniversary, and only then did Stanolind contract to sell it to Phillips Petroleum, prompting Barnhill to declare the lease terminated for failure to timely produce in paying quantities.
IssueFree
Whether production of oil or gas in paying quantities requires that the minerals actually be extracted and sold.