on tbe 7th day of August, 1915, and concerning tbe property described herein, and wbicb said agreement and lease is now in full force and effect, and is now owned by tbe Stewart-Calvert Company, a corporation, and this option and agreement is made subject to tbe aforesaid lease and agreement. ' ' Without that provision in tbe contract of purchase tbe rule contended for by tbe appellant would no doubt apply; but where tbe purchase is made expressly subject to tbe lease for a two-year term, we think that rule does not apply. Tbe parties, no doubt, bad a right to stipulate that tbe revenue derived from tbe lease should continue for tbe term of tbe lease, which was for two years. Tbe lease was apparently a profitable one and tbe parties bad a right to take that fact into consideration and make tbe sale subject to that lease, so that tbe sale would not avoid tbe lease. That agreement, it seems to us, is clearly and specifically stated in tbe contract of purchase. We are of tbe opinion, therefore, that, even though tbe contract of purchase was consummated, tbe lease was valid to tbe end of tbe two-year term and tbe respondents were entitled to their rents or royalties up to that time, in addition to tbe purchase price of $8,000.
Tbe judgment appealed from is therefore affirmed.
Main, Fullerton, Parker, and Holcomb, JJ., concur.