Nature of the Case
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Facts
D did not pay P royalties for gas produced and marketed for approximately eleven months. P brought this action for cancellation of the oil and gas leases based upon the non-payment and they also sought to quiet their title to the real property. P pled that the failure of D to pay accrued royalties breached both the express and implied covenants of the lease. P was due $1,693.62. The trial court gave judgment for D based on the finding that cancellation of an oil and gas lease for lessees' failure to pay royalty as provided in the lease will not lie without an express provision in the lease which authorizes cancellation thereof for non-payment of royalties.
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