John G. Hove, Also Known as J. G. Hove, and Irma M. Hove v. Charles S. Atchison

VAN OOSTERHOUT, Circuit Judge.

Plaintiffs, who are lessors in an oil and gas lease, appeal from final judgment denying cancellation of the lease and confirming defendant’s leasehold interest. The trial court’s memorandum opinion is reported in D.C., 138 F.Supp. 486. The principal issue involved in this appeal is whether the trial court was warranted in concluding that plaintiffs were barred by waiver or estoppel from asserting that the lease was terminated. Plaintiffs also contend that the construction to be given an “unless” type lease is involved.

This case was originally commenced in the…