Thoroughbred Assoc. v. Kansas City Royalty Co.

No. 120,068 IN THE COURT OF APPEALS OF THE STATE OF KANSAS THOROUGHBRED ASSOCIATES, L.L.C., et al., Appellants/Cross-appellees, v. KANSAS CITY ROYALTY COMPANY, L.L.C.; ROBERT E. THOMAS REVOCABLE TRUST; and D.D.H., L.L.C., Appellees/Cross-appellants. SYLLABUS BY THE COURT 1. Parties to an oil-and-gas lease can modify the terms of their agreement. Whether they have mutually agreed to do so is a factual question. Their agreement may be express or implied from their conduct. 2. Parties to a contract can waive a condition; waiver requires intent and knowledge. Intent may be inferred from conduct,…