"Capable" same as "actual" production in OK?

Interesting case. I note that it was submitted upon agreed facts including that the well was capable of producing. Makes me wonder why theCourt then added the requirement that lessors had the burden of proving otherwise. Obiter dicta? Sounds backward to me, since lessees will have all the info. Well,the list of amici curiae might be a clue. If I live to be 100 I may learn some Okla law.

Todd: Thanks a heap for the cite. JimB

1 Like