Allen v. Southern W. Va. Oil & Gas Corp.

MilleR, Judge :

By this action in assumpsit the plaintiff sought to recover from defendant the balance alleged to be due him under a purported lease to the latter of a tract of thirty-five acres of land for the development of oil and gas. Prom a judgment for the plaintiff in the sum of $1,060.00, the defendant prosecutes this writ of error.

The lease in question was dated March 29, 1922, for a term .of five years, and contained the following provision: “Second party covenants and agrees * * * to locate and complete a well on said premises on or before June 29, 1922, or to pay-at the rate of…