Harris v. Morris Plan Co.

The opinion of the court was delivered by

Thiele, J.:

This appeal is from a judgment canceling a part of an oil and gas lease because of failure to develop under the implied covenants of the lease.

The petition alleged that in August, 1925, the plaintiffs and Mattie Harris executed and delivered to one Christy an oil and gas lease for a term of five years and as much longer as lessee produces oil and gas from the land or the premises are being developed or operated. The lease covered the south half of section 14 and the northeast quarter of the northeast quarter of section 23, in township 27,…