Durbin v. Osborne

Opinion op the Court by

Stanley, Commissioner

Reversing in part, affirming in part.

This is a suit by tbe grantors of an oil and gas lease of 116 acres in Estill County to recover rentals at the rate of $1 a day for delay in completing a well. Tbe lessors are tbe appellees, Robert Osborne and bis ten children, and tbe lessees are tbe appellants, James M. Durbin and James D. Crabtree. Tbe lease, dated June 28, 1938, contains tbe following provisions:

“First — lessees agree to drill a well upon said premises witbin 40 days from this date, or thereafter pay to lessors rentals as hereinafter provided…