Rice v. Hillenburg

Larson J:

Warren, Shirley, and Kenneth Rice and Vivian and Lloyd Elliott (Rice family), owners of the surface of and one-half of the minerals under a tract of land in Kiowa County, Kansas, appeal the trial court’s summary judgment ruling that they waived payment of, or were estopped to assert nonpayment of, the delay rental under an “unless” oil and gas lease wherein Hillenburg Oil Company (Hillenburg) was the lessee. The Rice family appeals both the denial of its motion for summary judgment and the grant of Hillenburg’s summary judgment motion.

In May of 1985, Harold Hillenburg contacted…