Kansas Natural Gas Co. v. Harris
Supreme Court of Kansas
Error from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. This is a suit to cancel an oil-and-gas lease. Prior to July 5, 1899, Jennie F. Evans and her husband were the owners of the land described in the lease. On that day they executed a lease to the Independence Gas Company for a term of ten years, and as much longer as gas or oil might be found in paying quantities.
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Error from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. This is a suit to cancel an oil-and-gas lease. Prior to July 5, 1899, Jennie F. Evans and her husband were the owners of the land described in the lease. On that day they executed a lease to the Independence Gas Company for a term of ten years, and as much longer as gas or oil might be found in paying quantities. It was stipulated in the lease, in substance, that the lessee should commence operations under the lease within three months, or, in case of failure to do so, the lease might be kept alive'by furnishing gas…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The facts found by the court indicate that the lessees under the Evans lease violated the provisions thereof to such an extent that the lessors had a right to declare a forfeiture and terminate the lease. The language of the instrument itself, however, does not appear to be such as would work a termination *172thereof absolutely, merely because of a breach of its provisions. In such a case it seems to be the rule that some affirmative action on the part of the lessor is necessary to accomplish a forfeiture. In.volume 24 of the Cyclopedia of Law…
2Cases cited3 opinions
- Lee v. BerminghamSupreme Court of Kansas · 1883
- Poplin v. MundellSupreme Court of Kansas · 1882
- Alexander v. TouhySupreme Court of Kansas · 1874
3Cited by6 opinions
- Luthi v. EvansSupreme Court of Kansas · 1978
- Bloom v. RughSupreme Court of Kansas · 1916
- Carnation Co. v. Midstates Marketers, Inc.Court of Appeals of Kansas · 1978
- Thomas Well Service, Inc. v. Williams Natural Gas Co.District Court, D. Kansas · 1994
- Luthi v. EvansCourt of Appeals of Kansas · 1977
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