Kronmiller v. Hafner

This action was brought under the declaratory judgment act, SDC 37.01, to determine the rights of the parties under an oil and gas lease. Defendants, as owners of the land, leased it to plaintiffs “for the purpose of mining and operating thereon for oil and gas, * * *” for a term of five years. The lease contains a provision that if the drilling for oil and gas be not commenced by the lessee (plaintiff) on or before July 1, 1952, the lease shall terminate: “* * * unless Lessee, on or before said date, shall pay to the Lessor the sum of $10.00 as rental for the privilege of deferring the…