Waters v. Hatfield

The opinion of the court was delivered by

Porter, J.:

The action was one to cancel an oil and gas lease, in which the plaintiffs prevailed, and the defendants appeal.

Except for a single word in one clause the instrument was an ordinary oil and gas lease for the term of one year, “and so long thereafter as gas or oil is produced or operations are continued,” etc. The stated consideration was the payment in cash of $520 and “the covenants and agreements hereinafter contained on the part of the parties of the second part, to be paid, kept and performed.” The lessors were to receive a royalty of…