Schlotthauer v. Greenfield

The opinion of the court was delivered by

Burch, J.:

The action was one to cancel an oil and gas lease. Judgment was rendered in favor of the plaintiff, and the defendant appeals.

The lease was dated July 2, 1919, recited a consideration of one dollar, and granted the plaintiff’s farm to the defendant for the sole purpose of operating for and producing oil and gas for the. term of five years, and as much longer as mineral was produced. The lease contained the following provision:

“If no well be commenced on said land on or before the 2d day of July, 1920, this lease shall terminate as to both…