Fischer v. Magnolia Petroleum Co.

The opinion of the court was delivered by

Hoch, J.:

This was an action to cancel an oil and gas lease for *368violation of an implied covenant to develop, after expiration of the primary term. Plaintiff was owner, by purchase subsequent to the giving of the lease, of a portion of the tract covered by the lease. The appeal is by the lessee, defendant, from an order overruling its demurrer to the plaintiff’s evidence. The question is whether plaintiff’s evidence was sufficient to establish a right to cancellation.

On December 6, 1928, R. C. Gates and wife gave an oil and gas lease on three quarter…