John McVicker (plaintiff) executed an oil and gas lease that was later assigned to Horn, Robinson & Nathan (Horn) (defendant). The lease stated that it would be in force for one year, until October 31, 1954, and “as long thereafter as oil or gas, or either of them, [was] produced” from the land by Horn. Horn completed a well on the land on May 1, 1954, and discovered gas there. Despite working diligently, however, Horn did not market the gas by the end of the one-year lease term. McVicker brought suit to quiet title to the land, claiming that the lease had terminated automatically on October 31, 1954, due to Horn’s failure to market the gas. Horn claimed that the requirement to market gas was not the same as the requirement to produce gas and should not be read into the lease. The trial court found in favor of Horn. McVicker appealed.