Vonfeldt v. Hanes

The opinion of the court was delivered by

Fatzer, J.:

This was an action by the landowner to cancel an oil and gas lease for violation of the implied covenant to reasonably develop the lease. Trial was by the court which made findings of fact and conclusions of law and rendered judgment in favor of the plaintiff. A decree was entered cancelling the north 40 acres of the defendant’s 80-acre oil and gas lease unless the defendant commenced operation for the drilling of a well upon the 40-acre tract within 60 days from January 25,1965. In lieu of performance, the defendant gave a supersedeas bond…