not made. Carter failed to pay the rental due to Brunson on the lease, May 19, 1917, due to such error. However, on April 15, 1918, Carter prepared a check in the sum of $90, the amount of rental due on the lease May 19, 1918, payable to the order of the First National Bank of Duncan, Oklahoma, for deposit to the credit of the original lessors, and forwarded such check to the bank on April 20, 1918. The bank deposited the check to the credit of the original lessors. The court held that since Carter had paid a substantial consideration for the lease and had clearly manifested its intention to keep the lease alive by payment of rental, a termination of the lease would amount to aforfeiture and that Carter was entitled to equitable relief.


24
The case of Harvey v. Benmo Oil Co., 272 F. 475, was decided April 11, 1921, by the United States District Court for the Eastern District of Oklahoma. In that case the lessee under an "unless" lease, on June 7, 1920, forwarded a letter and a check to cover the delay rental by registered mail, properly addressed, with postage duly prepaid thereon, to the American State Bank at Beggs, Oklahoma, the depository bank. The delay rental was due June 16, 1920. Through delay in the mails the letter and check did not reach the bank until June 18, 1920. The court held that a termination of the lease on account of the failure to pay the delay rental, under the