West

Appellants, plaintiffs in an action to quiet title and to declare an oil and gas lease terminated because hydrocarbons are no longer being produced “in paying quantities,” appeal from an adverse judgment. We affirm the trial court.

Facts

In 1924 appellants’ predecessors in interest entered into a community oil and gas lease with respondent’s predecessor in interest. The lease provides in part: “Said lease shall continue for a period of five (5) years from and after the date of this Agreement, and so long thereafter as oil and/or gas may be produced on the demised premises in paying quantities.” The leased premises consist of 11 lots comprising approximately one city block in Los Angeles. The property is bounded by 123d Street on the north, Ainsworth on the west, Menlo on the east, and 124th Street on the south. At the time the lease was made, the area was rural in character. It is now in the midst of a city.

The lease gives the lessee the right “to . . . drill for, produce, extract and take oil, gas, and other hydrocarbon substances, and water from, and store the same on said lands during the term hereinafter specified; with the right to enter upon said lands at all…