Pittsburg Vitrified Paving & Building Brick Co. v. Bailey
Supreme Court of Kansas
Error from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. This suit was brought in the district court of Montgomery county to set aside an oil-and-gas lease executed by the Baileys to the brick company on 160 acres of land in that county. The case was tried upon the pleadings and an agreed statement of facts, and, the judgment being adverse to the brick company, it comes here for a review of the legal questions involved.
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Error from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. This suit was brought in the district court of Montgomery county to set aside an oil-and-gas lease executed by the Baileys to the brick company on 160 acres of land in that county. The case was tried upon the pleadings and an agreed statement of facts, and, the judgment being adverse to the brick company, it comes here for a review of the legal questions involved. The contract involved in this action is as follows: “This Agreement, made this 4th day of September, 1902, between Samuel Bailey and Emma B. Bailey, his…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Written contracts of this character are commonly called oil-and-gas leases, but, as was said in Dickey v. Brick Co., 69 Kan. 106, 76 Pac. 398, “they are not strictly ‘leases,’ as defined and treated in the law of landlord and tenant; they are in the nature of a written license, with a grant conveying the grant- or’s interest in the gas- or oil-well, conditioned that gas or oil be found in paying quantities.” (Page 110.)
The contract in this case first licensed the brick company, in consideration of one dollar and of the agreements therein…
2Cases cited7 opinions
- Pennsylvania Co. v. DolanIndiana Court of Appeals · 1892
- City of Sacramento v. ClunieCalifornia Supreme Court · 1898
- Bradford v. FosterTennessee Supreme Court · 1888
- Dickey v. Coffeyville Vitrified Brick & Tile Co.Supreme Court of Kansas · 1904
- Sayward v. HoughtonCalifornia Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Rich v. DonegheySupreme Court of Oklahoma · 1918
- Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
- Prowant v. SealySupreme Court of Oklahoma · 1919
- Howerton v. Kansas Natural Gas Co.Supreme Court of Kansas · 1910
- Johnson v. Breckenridge-Stephens Title Co.Texas Commission of Appeals · 1924
35 more not listed; retrieve them via the Exa API.