Farlow v. Frankson

The opinion of the court was delivered by

Mason, J.:

William C. Farlow and his wife on May 15, 1920, sued Thomas Frankson for rent claimed to be due' upon an oil and gas lease executed by them to him on September 15, 1917. A demurrer to the petition was sustained, and the plaintiffs appeal. ‘

The lease by its terms was to continue in force for five years and' as much longer as oil and gas should be found in paying quantities. The paragraphs upon the effect .of which the case turns read as follows :

“Provided, a well is not commenced on said premises within three (3) months from the date hereof,…