Volume 92 — Oklahoma Reports

Commissioners’ Opinion, Division No. 2. Error from District Court, Johnsiton County; J. H. Linebaugh, Judge. Action by W. W. Corbin against Wade iSharrock for immediate possession of ent-ile wrongfully detained. Judgment for defendant in the sum of $150 for damages by trespass of said cattle, and plaintiff appeals.

<p>Commissioners’ Opinion, Division No. 3.</p> <p>Error from District Court, Texas County; Arthur Gr. Sutton, Judge.</p> <p>Action by the Town of Hooker against Joe S. Miorris. Judgment for defendant, and plaintiff brings error.</p>

<p>Commissioners’ Opinion, Division No. 2.</p> <p>Error from District Court, McClain County; F. B. Swank, Judge.</p> <p>Ejectment and for damages for withholding possession of' real estate and to cancel guardian’s lease thereon. From judgment for defendants, plaintiff brings error.</p>

<p>Commissioners’ Opinion, Division No. 3.</p> <p>Error from District Court; Muskogee County; Guy F. Nelson, Judge.</p> <p>Action by It. G. Ellison against the Muskogee Electric Traction Company. Judgment for plaintiff, and defendant brings error.</p>

Commissioners’ Opinion, Division No. 4. Error from District Court, Oklahoma ty; James I. Phelps, Judge. Action by Martin Denn against J. S. Byers in the Justice Court of Oklahoma County, in forcible entry and detainer proceedings. Judgment for plaintiff. Defendant brings error.

Commissioners’ Opinion. Division No. 1. Error from District Court, Craig County; A. C. Brewster, Judge. Action by Herman Schlecht, as plaintiff, against Jane Patten Hall, as defendant, to recover damages to a certain animal belonging to plaintiff by reason of a collision with defendant’s automobile. Judgment for plaintiff, and defendant brings error.

<p>1. Contracts — Construction — Intention of Parties.</p> <p>A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful.</p> <p>2. Same — Evidence — Circumstances of Making.</p> <p>A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.</p> <p>3. Same — Reasonableness — Implied Stipulations.</p> <p>Stipulations which are necessary to make a contract reasonable to usage are implied in respect to matters) concerning which the contract manifests no contrary intention.</p> <p>4. Mines and Minerals — Lease of Gravel Pit — Diligence Implied.</p> <p>Where the only consideration, for the lease of a sand and gravel pit for á long period of years is a royalty on the sand and gravel removed by the lessee, and the lease contract contains nó express provisions for continuous operation, or for forfeiture of the lease for failure to develop and operate the pits, and the circumstances under which the lease was executed show that it was the mutual intention of the parties' that the lessee should develop and operate the pits with 'reasonable diligence, (he court will read into such contract an implied covenant to continuously operate the lease with reasonable diligence.</p> <p>5. Same — Forfeiture for Failure to Operate.- •</p> <p>Where the owner leases a sand and gravel, pit. for-a period ..of. 15. years and by sue‘h lease gave the lessee ' the exclusive right to the control and operation in consideration of a royally of 2% cents per yard of the sand and gravel removed, and the lease by its terms made no provision for the forfeiture for failure to operate the lease, and the lessee operated the lease for two years and failed or refused to operate such lease for a period of four years, held, that the court did not err in canceling the lease for failure to work and operate the lease in accordance with the implied covenant to continuously operate the lease with reasonable diligence.</p> <p>('Syllabus by Ray, 0.)</p>

<p>Commissioners’ Opinion, Division No. 1.</p> <p>Error from District Court, Rogers County; C. W. Mason, Judge.</p> <p>Action by E. D. Colton et-al. against U, S. Jeffries et al. Judgment for plaintiffs, and defendants appeal.</p>

<p>Commissioners’ Opinion, Division No. 1.</p> <p>Error from Superior Court, Tulsa County; L. J. Martin, Judge.</p> <p>Action by Bessie C. Eysenbach against Woodson E. Norvell. Judgment for defendant, and plaintiff brings error.</p>

Commissoners’ Opinion, Division No. 1. Error from District Court, Garter County ; Thomas W. Champion, Judge. Action by ,J. A. Steakley against S. A. Apple. Judgment for plaintiff, and defendant appeals. This is an action by J. A. Steakley against S. A. Apple on a builder’s contract.

<p>Commissioners’ Opinion, Division No. 3.</p> <p>Error from District Court, Payne County; Arthur It. Swank, Judge.</p> <p>In the Matter of the Probate of the Will of Joseph W. Stires, deceased; Mattie V. Carder, Proponent; Elizabeth J. Looman, Contestant.</p>

Commissioners’ Opinion, Division No.- 4. Error from District Court, Comanche County; Cham Jones, Judged Action by Jennie B. Johnstone against the City of Lawton for damage resulting from failure to keep in repair and for negligent use of city sewage disposal plant. Judgment for plaintiff, and defendant brings error.

<p>Commissioners’ Opinion, Division No. 5.</p> <p>Original action in the Supreme Court of the State of Oklahoma for a writ of prohibition by State of Oklahoma ex rel. W. P. Freeman, Mayor, et al. against Thomas W. Champion, Judge of the District Court of Carter County, Okla., et al.</p>

Oommissioners’ Opinion, Division No. 5. Error from 'Superior Court, Pottawatomie County; Leander G. Pitman, Judge. Action by Christian Holder against John Barton Payne, Director General of Railroads, to recover damages for personal injuries. Judgment rendered for plaintiff, and defendant brings error.

<p>Commissioners’ Opinion, Division No. 5.</p> <p>Error from District Court, Pontotoc County; J. W. Bolen, Judge</p> <p>Action in ejectment by J. G. Witherspoon against C. Newton. Judgment for the plaintiff, and defendant brings error.</p>

Commissioners’ Opinion, Division No. 5. Error from County Court, Payne County: Wilberforce Jones, Judge. Proceeding by the State of Oklahoma to determine the right of property in an automobile seized by a deputy sheriff for an alleged violation of the prohibitory laws. From a judgment in favor of the State, C. E. A-shbrook, guardian of one William McKinley, owner of the automobile, appeals.

<p>Commissioners’ Opinion, Division No. 5.</p> <p>Error from County Court, Pawnee County; Chas. Yerne, Judge.</p> <p>Action by R. S. Brandon against O. J. Houck. Judgment for plaintiff, and defendant brings error.</p>

Commissioners’ Opinion. Division (No. 2. Hru>r from District Court, Ouster County. A'-tion between John Winne and P. J. Mul-taren and .1. R. Brown. Demurrer to cross-peiifion .of .1. R. Brown sustained, and he brings error.