Zeiner v. Edgar Zinc Co.

Plaintiff brought this suit to cancel an oil-and-gas lease on lands which he purchased subject to the lease, relying on the terms of the lease as shown by the records in the office of the register of deeds. The lease was duly filed for record by the lessee immediately after its execution,, but the register of deeds in *407copying it omitted by mistake two words which appeared in the original and which related to the terms of forfeiture. Plaintiff proceeds upon the theory that the lessee must suffer any loss occasioned by the mistake of the register of deeds.

There are two reasons why the plaintiff…