Mitchell v. Probst
Supreme Court of Oklahoma
Error from District Court, Tulsa County; L. M. Poe. Judge. Action by George C. Probst against John 0. Mitchell and another. Judgment for plaintiff, and defendants bring error.
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Error from District Court, Tulsa County; L. M. Poe. Judge. Action by George C. Probst against John 0. Mitchell and another. Judgment for plaintiff, and defendants bring error. This action was commenced on the 20th day of July, 1912, by the defendant in error against the plaintiffs in error, praying for the cancellation of a certain oil and gas lease made by Probst to the said Mitchell and Brown on November 10, 1910. It is alleged in the petition that Probst executed a lease on certain lands in Tulsa county, Okla., and that the said lease contained the following provision and condition, to…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after, stating the facts as above). In Frank Oil Co. v. Belleview Gas & Oil Co., 29 Okla. 719, 119 Pac. 260, 43 L. R. A. (N. S.) 487, the provision of the gas and oil lease under consideration was:
“If no well is commenced on said premises within one year from this date, then this grant shall become null and void, unless second party shall pay to the first party $80 for each year thereafter such completion is delayed, said rental to be paid quarterly in advance.”
The provision is practically the same as in the case at bar, and in construing it the court say:
“Here we have…
2Cases cited11 opinions
- Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
- Frank Oil Co. v. Belleview Gas & Oil Co.Supreme Court of Oklahoma · 1911
- Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
- Cohn v. ClarkSupreme Court of Oklahoma · 1915
- Deming Inv. Co. v. LanhamSupreme Court of Oklahoma · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Franklin v. Margay Oil Corp.Supreme Court of Oklahoma · 1944
- Garfield Oil Co. v. ChamplinSupreme Court of Oklahoma · 1920
- Brown v. WilsonSupreme Court of Oklahoma · 1916
- Eastern Oil Co. v. SmithSupreme Court of Oklahoma · 1920
- Bearmar v. Dux Oil & Gas Co.Supreme Court of Oklahoma · 1917
22 more not listed; retrieve them via the Exa API.