Burbidge v. Noe

SATHRE, Judge.

The plaintiffs brought this action to cancel an oil and gas lease covering the following described lands situated in Mountrail Cohnty, North Dakota.

The Southeast Quarter (SE*4), South half of the Northwest Quarter (Si/£ NW%.), South half of the Northeast Quarter (S^NE^t), East half of the Southwest Quarter (Ei^SWj4), all in Section One (1) Township One Hundred Fifty-seven (157) West of the Fifth Principal Meridian.

The lease in controversy is what is called an “unless” lease. It provides:

“If no well be commenced on said land on or before August 15th, 1951, this lease shall be…