Doornbos v. Warwick

The opinion of the court was delivered by

Marshall, J.:

The defendants appeal from a judgment sustaining a demurrer to their answer to the plaintiffs’ petition. The plaintiffs brought the action to cancel a gas and oil lease given by them on July 1, 1916, to L. E. Conklin for an expressed consideration of one dollar, but for an actual consideration of $800. The lease was assigned to the defendants for a consideration of $960. The validity of the judgment sustaining the demurrer to the answer depends on the interpretation of the lease, which, among other things, contains the following provisions: