the agent enclosing a 'ratification of and amendment to the oil and gas lease,' and requested that such instrument be executed by the owners and returned to Statex.


13
On November 11, 1960, Dawson wrote a memorandum to the other appellants referring to a 'tentative farmout agreement' with Crest Exploration Company and stated:


14
'Inasmuch as our Alkire lease covering the west half of the west half of said Section contained no provision for the drilling of a new well subsequent to the expiration of the primary term of the lease, and since Crest proposes to drill a completely new well, our farmout arrangements with them may be contingent upon our ability to secure a lease ratification from the Alkires.  Crest is presently exploring the rights of the lessee to drillsuch well in Oklahoma under these circumstances.'


15
On the same date, Cabot wrote to appellants requesting a release of the farmout agreement on the Barby well which was executed on November 14, 1960.


16
On November 11, 1960, and without replying to Dawson's letter requesting the ratification, the owners of the Alkire tract executed and delivered an oil and gas lease on such tract to appellee, Petroleum, Inc., (hereafter referred to as Petroleum).  Thereafter, Petroleum assigned certain undivided interests in this lease to the other appellees.  (Defendants, H. B. Fink, Ruth G. Fink, James S. Garvey, Olive W. Garvey, Willard W. Garvey, and Olivia G. Lincoln).


17
Statex learned of the execution of the lease to Petroleum on or about November 12, 1960, and did not thereafter contact Petroleum concerning the