Dolly

The purpose of this action was to terminate an oil lease entered into between plaintiffs and the individual defendants. By the terms of the lease the said defendants bound themselves to commence active work developing the land for oil on or before April 1, 1921, and thereafter “to prosecute said work diligently and continuously and in good faith. ’ ’ The lease contained the further provision that “nothing but substantial work and continuous operations under the terms of this lease shall be considered a compliance with the terms hereof. ’ ’ The action was tried before a jury to which certain special issues were submitted, and the jury specifically found in substance that the defendants had violated the term® of the lease in that the defendants had failed to prosecute the work diligently and continuously and in good faith.

The first objection to the judgment which is presented by appellants’ brief is that the trial court erred in permitting evidence to be introduced in support of the allegations contained in a supplemental complaint which was filed by plaintiffs. Authorities are cited by appellants which go to the point that where the original complaint fails to state a cause of…