Kothmann v. Boley

L. E. Boley et ah, respondents, brought this suit against Wesley Kothman et ah, petitioners, to cancel five oil and gas leases covering land in Jack County on the ground that petitioners had not complied with the following lease provision:

“Unless a well is commenced within sixty (60) days from this date the lease shall terminate, and when commenced, said well to be drilled to the Ellenburger lime unless oil and/or gas is •encountered at a lesser depth.”

The five leases, which are dated August 3, 1954, were •executed by respondents as lessors to Kothman as lessee, and the latter assigned…