Derby Oil Co. v. Bell

The opinion of the court was delivered by

Smith, J.:

This was an action to cancel an oil and gas lease. Judgment was for defendants. Plaintiff appeals.

The Eastborough Estates Company owned a tract of land im*490mediately east of Wichita. The plan had been to develop the tract into a high-class residential district. Lots in this tract were sold, some of them outright and some under a contract to convey when certain payments were made. While this development was going on oil was discovered under land adjacent to the tract in question. Following this the Eastborough Estates Company executed an oil and…