Nolan v. Thomas

Ed. F. McFaddiN, Associate Justice.

In the Trial Court the appellees were plaintiffs and the appellants Avere defendants; and for convenience we will refer to the parties by trial court designation.

The plaintiffs brought this suit to cancel oil and gas leases and assignments, insofar as the same affected 120 acres of a tract of 160 acres. The reason for cancellation was the defendants’ failure to fulfill the implied covenant to develop the premises for oil and gas. At the conclusion of the plaintiffs’ case, the defendants invoked Act No. 470 of 1949 (§ 27-1729 Ark. Stats., as amended), and…