Dickey v. Coffeyville Vitrified Brick & Tile Co.
Supreme Court of Kansas
Error from Neosho district court; L. Stillwell, judge. STATEMENT. In April, 1902, plaintiff in error bought from one J. W. Cole 138 acres of land, taking a special warranty deed therefor.
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Error from Neosho district court; L. Stillwell, judge. STATEMENT. In April, 1902, plaintiff in error bought from one J. W. Cole 138 acres of land, taking a special warranty deed therefor. The conveyance was made subject to the ■ following gas and oil lease, which was on record at the time the deed was executed and delivered : “Chanute, Kan., December 23, 1901. “This Agreement, made and entered into, between J. W. Cole and wife, parties of the first part, and C. D. Martin, manager of the Kansas and Texas Oil Company, party of the second part: “1. Witnesseth, that parties of the first part for…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
It is contended that the lease is void for uncertainty, in that its duration extends “so long as gas or oil may be found in paying quantities.” This is a common expression found in such leases, and it is generally for the benefit of the lessee. Whether a gas- or oil-well is a source of profit can be determined readily by deducting the cost of production from the market value of the product.' We have not been referred to any adjudicated cases involving the validity of gas or oil contracts like the one at bar *110where leases containing such…
2Cases cited13 opinions
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Gibson v. CranageMichigan Supreme Court · 1878
- Baltimore & Ohio Railroad v. Brydon ex rel. DavisCourt of Appeals of Maryland · 1886
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Xenia Real Estate Co. v. MacyIndiana Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
- Burden v. Gypsy Oil Co.Supreme Court of Kansas · 1935
- Kansas Natural Gas Co. v. Board of County CommissionersSupreme Court of Kansas · 1907
- Terry v. HumphreysNew Mexico Supreme Court · 1922
21 more not listed; retrieve them via the Exa API.