Davis v. Bussey

WIDLSON, O. J.

By an instrument in writing dated January 27, 1920, appellant leased 707 acres of land to appellee, for a term of five years, “for the sole and only purpose of mining and operating for oil and gas.” By the terms of the lease, appellee was to pay appellant $12.50 per acre for all (which turned out to be 598 acres) of the 707 acres appellant showed “a good and indefeasible title to.” See Busey v. Davis, 276 S. W. 779. The lease contained stipulations as follows:

“If'no well be commenced on said land on or before the 27.th day of January, 1921, this lease shall terminate as to both…