Morton v. Sutcliffe

The opinion of the court was delivered by

Smith, J.:

This was an action to cancel an oil and gas lease. Judgment was entered canceling it. The defendants have appealed.

After identifying the parties, the petition alleged that plaintiffs were the owners of a described quarter section of land and on April 22, 1949, they, as lessors, entered into a written lease with defendant Sutcliffe and one Parr for the express purpose of lessees drilling for and producing oil and gas. A copy of the lease was attached.

The petition then set out a paragraph from it as follows:

“The minimum payment under this lease…