Thurner v. Kaufman

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal by Scott Thumer and Riviera Drilling & Exploration Company (plaintiffs-appellants) from the judgment of the trial court cancelling their oil and gas lease with, and awarding damages to, Dale L. and Mary H. Kaufman (defendants-appellees). The Court of Appeals in an unpublished decision filed October 25, 1984, affirmed the trial court’s ruling, holding the lessees had forfeited the lease by failing to comply with a covenant restricting their use of the land even though the lease contained no express forfeiture provision.…