Harris v. Independence Gas Co.

The opinion of the court was delivered by

Mason, J.:

Cornelius Carr and his wife executed to the Independence Gas Company an oil-and-gas lease; that is, an instrument granting the right to explore a tract of land for oil or gas and -to appropriate either if found. The company is a Kansas corporation and at the time of the execution of the lease the only purpose mentioned in its charter was “to dig or mine for natural gas and sell the same for heat and lighting purposes.” Later an amendment was made adding thereto the mining and selling of oil. What are called the “gas rights” under the lease…