Becker

In 1908 a lease of certain land in Santa Barbara County was made by Henry L. Williams, then the owner, to Thomas D. Wood. Plaintiff is the administratrix of the estate of Williams and defendant is the successor in interest by two assignments of Wood. The contention centers upon a clause of the lease which reads as follows: “To have and to hold the same period unto the party of the second part, his heirs and assigns for the term and period of ten years from date hereof with the right of renewal for a further term of ten years at the end of such term, or at the end of any subsequent term for which it may he renewed. ’ ’ It is further provided that the lessee shall drill certain wells upon the property and shall pay certain royalties to the lessor. These obligations were fulfilled by the lessee. But the complaint alleges that the defendant has not developed or prospected for oil upon any part of the premises for more than ten years nor farther east than six hundred feet from the westerly end of the premises leased. No express provision of the lease is claimed by appellant to require such development, but she contends that an implied covenant exists which required the lessee to…