Keeler v. Dunbar

DAWKINS, District Judge.

Plaintiffs appeal from a judgment dismissing their suit upon demurrer. They allege in substance that they had acquired from the defendants a mineral lease upon certain lands for a stipulated consideration, containing the following clause:

“If no well be commenced on said land on or before the 26th day of November, 1927, this lease shall terminate as to both parties, unless the lessee on or before that date shall pay or tender to the lessor, or the lessor’s credit in the First State Bank at Seminole, Texas, or its successors, which shall continue as the depository,…