
    No. 93
    SHAFFER v. TEDROW
    No. 20253.
    Supreme Court
    On motion to certify.
    Dock. Jan. 6, 1927,
    5 Abs. 27.
    707. LEASES — In an oil and gas lease for ten years, do the words “found in paying quantities” and “as much longer as gas and oil are found in paying quantities” apply to the entire term of the lease; does “found” mean produced, since for seven years of the lease only a few gallons were produced and therefore does lease expire at end of ten year period?
    Attorneys — Eagleson & Laylin, Columbus, and J. W. Goldberry, Chillieothe, for Shaffer; O. E. Vollenwider, McArthur and Willis & Jones, Jackson, for Tedrow.
   The question to be determined is the interpretation of two phrases in an oil and gas lease. The lease was for ten years and a clause therein reads “found in paying quantities”. It is contended that these phrases refer to the entire lease and that the word “found” means produced, and as only a few gallons were found in a seven year period the lease expired at the end of ten years.  