Kleppner v. Lemon

Opinion by

Mb. Justice Fell,

We ordered a reargument of this case because we were not satisfied that a right conclusion had been reached by the learned master as to the amount for which the defendant was liable by reason of his failure to develop in good faith the land which he has leased of the plaintiff for the production of oil. By the decree made the plaintiff is allowed a royalty of one eighth of *582all the oil produced from the Stotler well No. 2, which was on an adjoining farm, and 157 feet from the plaintiff’s line. The reason stated in support of the decree is that, as it was not possible…