Hardegree v. Zink

BERRY, Justice.

The above styled and numbered cases were consolidated for trial below and will be treated as consolidated cases here.

*156We will first consider and dispose of the appeal in No. 39,567. In doing so we will refer to the plaintiff in error, Dan L. Harde-gree, as “plaintiff”; to defendant in error, Townsend M. Zink, as “defendant”; and to the remaining defendant in error as “Bond”.

On February 21, 1955, J. H. and Emma Poole executed and delivered to plaintiff, for a consideration of $5.00 an acre, an oil and gas lease covering minerals above 1250 feet underlying the NE/4, Sec. 29, T.…