The issues in this contest over the commercial viability of a producer's lease are (1) whether Red Deer, the top-lease holder, secured a necessary finding that a well was incapable of producing in paying quantities when BP, the producer, stopped its production and invoked a shut-in royalty clause; (2) whether the trial court's judgment that the lease lapsed was based on inconsistent jury findings, one that production in paying quantities had not failed before the well was shut in and the other that on the shut-in date the well was incapable of commercial production; (3) whether legally sufficient evidence supported the verdict; and (4) whether the trial court erred by rejecting BP's proposed instructions.