Court of Appeals of Kentucky (pre-1976) March 27, 1925 (Dinwiddie v. Mulligan)

Opinion op the Court by

Judge Clarke

Reversing.

On April 9th, 1919, appellants executed to appellee an oil and gas lease on their farm of 75 acres. The lease by its terms expired in three years unless within that time a well was completed and in operation. A royalty of one-eighth of any oil produced was retained, and the lease contains the further provision that “When royalty fails to pay $75.