James v. Deskins

Opinion op the Court by

Creal, Commissioner

Beversing.

In October 1934, Maxie Deskins executed and delivered to B. M. James and H. H. Allen an oil and gas lease to a tract of 960 acres in Pike county. Among other things the lease provided:

“Lessees agree to commence a well on said premises within fifty (50) days from the date hereof or thereafter pay the lessor at the rate of one dollar (1.00) per acre per annum payable each three (3) months in advance until said well is completed and oil or gas marketed therefrom or the lease surrendered.”

The lessor instituted this action in equity against the…