Swiss Oil Corp. v. Howell

Opinion of the Court by

Judge Clarke

Reversing.

In January, 1917, appellee executed an oil and gas lease upon his land to appellant’s remote assignor. The lease provided that it should become void “in case no well is completed within one year,” but that the lessee could prevent “such forfeiture” by paying' stipulated rentals quarterly during the lease period and until a well was completed. No well was drilled, but rentals were regularly paid each three months.

After acceptance of the quarterly payment which fully paid the rentals to April 9, 1920, appellee, on January 7th, gave appellant written…