Howerton v. Kansas Natural Gas Co.

The opinion of the court was delivered by

Benson, J.:

This is an action to cancel an oil-and-gas lease, dated November 20, 1902, made by the plaintiffs to A. P. Gibson and by him assigned to the defendant gas company. The answer alleged that the defendant had performed all the covenants and conditions of the lease, and had never forfeited or abandoned it; and that the plaintiffs have an adequate remedy at law and have no grounds for equitable relief. The parts of the lease necessary to be considered are as follow:

“That the parties of the first part, for and in consideration of the sum of one…