well produced a total of 30,418 m.c.f. of gas from May, 1960, to September, 1960, with production generally decreasing throughout that period of time as a result of water intrusion which developed and came from the pay zone in the Morrow Sand.  The Barby well ceased to produce on September 15, 1960.  Work-over or remedial operations on the well were commenced on September 19, 1960, which were unsuccessful and production was not restored.  On October 24, 1960, all such operations ceased.  Cabot's work-over report showed the following notation as having been made on October 24, 1960: 'Shut down.  Released pulling unit > 4:00 p.m.'  According to the expert testimony, with the release of the pulling unit the workover was completed, the operation1954, lease did not have a clause permitting the resumption of drilling operations for a new well within 60 days after loss of production in the Barby well and discussed with Statex's representatives the necessity of obtaining an extension or ratification of such lease before making arrangements for the drilling of a new well.  Cabot's leases did contain such a 60-day clause and it was necessary for the new well to be commenced by November 15, 1960, to come within this 60-day period.


12
On November 7, 1960, Dawson, a land man for Statex, telephoned to an agent of the owners of the Alkire tract concerning a ratification of the lease in connection with the drilling of the new well.  On November 8, he wrote a letter to