Miske v. Stirling

Plaintiffs Felix and Florence Miske (Miskes) brought this action in the Seventh Judicial District Court, Wibaux County, for cancellation of an oil and gas lease because of late payment of a bonus rental consideration by Dome Oil to the Miskes. The District Court in a summary judgment found the payment to have been timely. We affirm.

Miskes appeal and raise the following issues:(1) Did the District Court err in finding the bonus rental payment had been timely paid.(2) If the bonus rental was not timely paid, would the delay justify a forfeiture of the lease.

Miskes on July 11, 1979, executed an…