Tanner v. Reeves

CULLEN, Commissioner.

Dr. J. Leland Tanner, owner of oil leases covering two tracts of land in Allen County, appeals from a judgment, entered in consolidated actions brought by the landowners, which cancelled the leases and adjudged the landowners to be entitled to the equipment installed under the leases. The judgment was based upon a finding that the lessee had 'breached the implied covenants of the leases for diligent development and operation, and had abandoned the leases.

The appellant contends that: (1) The landowners, by their acceptance of dwindling royalties, and by their failure to…