GYPSY OIL CO. v. VAN SLYKE

GYPSY OIL CO. v. VAN SLYKE
1919 OK 31
178 P. 683
72 Okla. 41
Case Number: 9785
Decided: 01/28/1919
Supreme Court of Oklahoma

GYPSY OIL CO.
v.
VAN SLYKE et al.

Syllabus

¶0 Followed Case.
Reversed and remanded, on authority of Northwestern Oil Co. v. Branine, 71 Okla. 107, 175 P. 533.

Error from District Court, Noble County; Chain Jones, Assigned Judge.

Action by E. E. Van Slyke and another against the Gypsy Oil Company. Judgment for plaintiffs, and defendant brings error. Reversed and remanded, with instructions to enter judgment for defendant.

William C. Liedtke, for plaintiff in error.
W. W. Davis, for defendants in error.

HARDY, C. J.

¶1 This action was originally commenced by defendants in error, as plaintiffs, against plaintiff in error, as defendant, to cancel a certain oil and gas mining lease held by the defendant on lands belonging to plaintiffs situate within Noble county; the plaintiffs contending that by virtue of the presence of a provision therein, commonly referred to as a "surrender clause," they had the right to refuse to accept rentals when paid for delay, according to the terms of the lease, and demand a surrender and cancellation thereof.

¶2 It is agreed and stipulated that the opinion of this court in case of Northwestern Oil & Gas Co. v. Branine, 71 Okla. 107, 175 P. 533, and other cases following the rule therein announced, have determined this question adversely to the contention of plaintiff, and it is stipulated that this cause may be reversed and remanded, with instructions to the trial court to enter judgment in favor of defendant.