Stanolind Oil & Gas Co. v. Guertzgen

HEALY, Circuit Judge.

Appellant, assignee of an oil and gas lease, brought suit to enjoin appellee, Emil Guertzgen, one of the lessors, from interfering with its operations under the lease. Guertzgen, by cross-complaint, asked that the lease be declared forfeited upon the ground, among others, that it contained a provision against assignment and that the provision had been breached. A claim for damages, later abandoned, was also made because of appellant’s refusal to discharge the lease on the records. The case was tried to the court and a decree entered canceling the lease and awarding costs…