KIRKER v. SHELL OIL CO.

Docket No. 17954.

104 Cal.App.2d 497 (1951)

231 P.2d 905

W.C. KIRKER, JR., et al., Appellants, v. SHELL OIL COMPANY (a Corporation), Respondent.

Court of Appeals of California, Second District, Division One.

May 31, 1951.


Attorney(s) appearing for the Case

Dolley, Knight, Woods & Hightower, James M. Hall and Adolph H. Levy for Appellants.

O'Melveny & Myers, Homer I. Mitchell and Howard J. Deards for Respondent.


HANSON, J. pro tem.

The decision of this case turns primarily upon the question whether in a community oil lease, granted for a period of 20 years "and for so long thereafter as Lessee shall conduct drilling ... or producing operations on the leased land, or be excused therefrom, as hereinafter provided; ...," a provision not a part of the granting or habendum clauses, requiring the lessee to commence drilling operations prior to a date therein named, is a...

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