Hails v. Johnson

¡Opinion of the Court by

Chief Justice Sampson — ■

Affirming.

In May, 1913, M. F. Duke and her husband, A. W. Duke, and others leased a tract of 20 acres of land'in Allen county to the White Plains Oil & Gras Company, a corporation, “for the sole and only purpose of mining and operating for oil and gas,” the lease to remain in force for a term of ten years from its date. No rentals were reserved and the lease contract contained no forfeiture clause in the ordinary sense. There was, however, a provision reading:

“The party of the second part agrees to begin a well on said premises in good faith…