Gasaway v. Teichgraeber

The opinion of the court was delivered by

West, J.:

The plaintiffs made a gas and oil lease to the assignor of the defendant, providing among other things that unless a well was begun within six months the rental of a dollar an acre should be paid in advance or the lease should become void. No well was begun and the rental was due on April 17. Under the lease this might be paid direct to the plaintiff, Susan Gasaway, or deposited to her credit in the Virgil State Bank. On the 17th of April, 1919, the defendant mailed a check to the Virgil State Bank for the proper amount, payable to its order,…