Gartner v. Hays

*89The opinion of the court was delivered by

Johnston, C. J.:

This action was brought to recover for the use of lands in prospecting and operating them for oil and gas. The then owner of the land, W. H. Guthrie, transferred to Will S. Hays, the right to the mineral in the lands consisting of 565 acres, for a consideration of $20,000. The transfer was subject to the conditions that Hays should pay the owner all damages to crops, .orchard or buildings, resulting from the prospecting and operating for mineral, and also that if he used or held any part of the land in prospecting or operating the same…