44480 Precedential Processed

Middleton v. California Company

Louisiana Supreme Court · Filed June 1, 1959 · 112 So. 2d 704

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Opinion text

HAMITER, Justice (dissenting). According to the well settled jurisprudence of this court a mineral lessee must develop with reasonable diligence every part of the leased premises, having due regard for the interests of all contracting parties, or surrender the lease. Carter et al. v. Arkansas Louisiana Gas Company, 213 La. 1028 , 36 So.2d 26 , Eota Realty Company, Inc. v. Carter Oil Company et al., 225 La. 790 , 74 So.2d 30 and Wier v. Grubb et al., 228 La. 254 , 82 So.2d 1 . In my opinion such requisite has not been satisfied as to the entire 4,600 acres of land involved herein and, hence, the lease of this defendant should be can-celled to the extent of the undeveloped acreage.