Wilson v. Wakefield

The opinion of this court was delivered by

Wedbll, J.:

This was a suit by the original lessors to cancel an unassigned portion of an oil and gas lease on the ground of alleged forfeiture, and was instituted under provisions of G. S. 1935, 55-201. Statutory damages in the sum of $100 and attorney fees were also sought under provisions of G. S. 1935, 55-202. This appeal is from a judgment sustaining a demurrer to the petition on the ground it did not state facts sufficient to constitute a cause of action.

We shall examine the material allegations of the petition. The sole question before us is…