that a well located on the NW¼ of the SE¼ of the NE¼ of Section 12, which was commenced by Phillips on July 31, 1948, and completed by it on September 9, 1948, as a commercial producer, was a commencement and completion of a well on lease No. 51365-A. The error of such employee did not constitute gross negligence.


14
Phillips was ready, willing, able and desirous of paying such rental, if necessary, to keep such lease in force and would have timely and properly paid such rental, but for the mistake of its employee.


15
It will be observed that the error was made by an employee of Phillips, subject to its direction and supervision, and not by an independent agent, such as the United States Post Office Department or adepository bank.


16
23 Okl.St.Ann. § 2, provides: "Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, wilful or fraudulent breach of duty."


17
25 Okl.St.Ann. § 6, defines gross negligence as "the want of slight care and diligence," and slight negligence as "the want of great care and diligence."


18
The effect of the failure of Phillips to pay the delay rental on or before October 4, 1948, and whether it is entitled under the facts and circumstances presented, to equitable relief, must be determined under the applicable law of