AYRES, Judge.
This action was originally instituted by Gertrude Buvens and by Felix N. Buvens and Dr. F. A. Buvens as trustees of the Gertrude Buvens trust. Dr. Buvens died April 25, 1954, and under its terms the trust agreement terminated, after which Gertrude Buvens remained as the sole party plaintiff.
This action arose out of a lease contract wherein, on April 29, 1949, plaintiff leased to one R. H. Kelly the surface rights on a tract of land comprising...
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