Warner v. Haught, Inc.
Supreme Court of Appeals of West Virginia
329 S.E.2d 88 (W. Va. 1985)
Warner's (plaintiff) lease to DHOC, later assigned to Haught (defendant), required rental payments until a producing well was drilled and included a surrender clause letting the lessee voluntarily give up the lease; when Haught missed a rental payment, Warner sued claiming automatic forfeiture, but Haught argued a state statute required a demand for payment before termination for nonpayment, a requirement Warner claimed didn't apply because an agent's oral statement had converted this into an unless lease terminable automatically. The circuit court granted Haught summary judgment, and Warner appealed.
Whether an or oil and gas lease requires some affirmative action by the lessor to effect termination upon nonpayment of rental.