Berry v. Wondra

*274The opinion of the court was delivered by

Harvey, C. J.:

This was a suit by the lessor of an oil and gas lease for a decree requiring the lessee to further develop the leased premises or for the cancellation of the lease except as to a ten-acre area about a producing well. Plaintiff has appealed from an adverse judgment.

The facts are not seriously controverted and may be summarized as follows: On and for sometime prior to June 4, 1947, W. G. Berry, hereinafter referred to as plaintiff, was the owner in fee of the Southwest Quarter of Section 35, Township 23 South, Range 13 East of the 6th…