Cowman v. Phillips Petroleum Co.

The opinion of the court was delivered by

Wedell, J.:

This was a suit for cancellation of an eighty-acre tract of an original oil and gas lease of 400 acres.

A demurrer Was sustained to plaintiffs’ evidence. Plaintiffs appeal from this ruling and also rely on reversible error growing out of alleged misconduct of the trial court. The pertinent facts are: On the first day of February, 1927, Louis Cowman and Lucy Cowman, his wife, executed and delivered to J. W. Harwood a lease for oil and gas purposes, covering a total of 400 acres, 240 acres of which are located in section 11, and 160 acres of…