Bradshaw v. Hurt

Opinion of the Court by

Chief Justice Sampson—

Reversing.

In February, 1916, appellee Hurt and wife executed an oil and gas lease on their farm of 170 acres for the term of ten years to Elmer Everist, remote assignor of appellants, Sam Bradshaw, etc. The lease contract was long and contained all of the usual provisions generally found in such leases. Among the conditions to.be performed by the lessee is one reading:

“To commence a well on said premises within ninety (90) days from the date hereof, or in.case of delay beyond, to pay at the rate of twenty-five (25) cents per acre per annum from the…