KRONMILLER v. HAFNER

No. 9422.

67 N.W.2d 353 (1954)

Leslie H. KRONMILLER, Plaintiff and Respondent, v. M. E. HAFNER and Helma Hafner, Defendants and Appellants.

Supreme Court of South Dakota.

December 18, 1954.


Attorney(s) appearing for the Case

Gale B. Wyman, Belle Fourche, Percy Helm, Roswell Bottum, Sturgis, for defendants and appellants.

Burton Penfold, Lem Overpeck, Larry M. Hamblin, Belle Fourche, for plaintiff and respondent.


SICKEL, Judge.

This action was brought under the declaratory judgment act, SDC 37.01, to determine the rights of the parties under an oil and gas lease. Defendants, as owners of the land, leased it to plaintiffs "for the purpose of mining and operating thereon for oil and gas, * * *" for a term of five years. The lease contains a provision that if the drilling for oil and gas be not commenced by the lessee (plaintiff) on or before July 1, 1952, the lease shall terminate...

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