Monarch Oil, Gas & Coal Co. v. Richardson
Court of Appeals of Kentucky
CASE 77. — ACTION BY J. R. RICHARDSON AGAINST THE MONARCH OIL,, GAS & COAL CO., TO CANCEL A MINERAL LEASE. Appeal from Wayne Circuit Court, M. L. Jarvis, Circuit Judge. Judgment for plaintiff. Defendant appeals.
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CASE 77. — ACTION BY J. R. RICHARDSON AGAINST THE MONARCH OIL,, GAS & COAL CO., TO CANCEL A MINERAL LEASE. Appeal from Wayne Circuit Court, M. L. Jarvis, Circuit Judge. Judgment for plaintiff. Defendant appeals. Our contention is that after thie lessor of mineral lands accepts the annual rental agreed to be paid therefor by the lessee from year to year, he cannot bring suit to cancel the lease for failure of lessor to develop the mineral rights until there has been a default by the lessee both in drilling and paying rental, or until after he refuses to accept the rental and gives notice that…
1Opinion of the Court
Opinion op tee Court by
John D. Carroll. Commissioner
Beversing.
On October 10, 1898, appellee entered into a contract with Nelson & Bamsey, who assigned the contract to appellant. The material parts of the contract necessary to a consideration of the question involved in this litigation are as follows: “In con*604sideration of the mntnal covenants and agreements herein contained, and the further sum of one dollar in hand paid, first party has granted and do hereby grant to second party, the exclusive right for the sole and only purposes of operating for coal, oil, gas, ores and other minerals, that…
2Cases cited6 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Huggins v. DaleyCourt of Appeals for the Fourth Circuit · 1900
- Brown v. VandergriftSupreme Court of Pennsylvania · 1875
- Berry v. FrisbieCourt of Appeals of Kentucky · 1905
- Galey Bros. v. KellermanSupreme Court of Pennsylvania · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Cotiga Development Co. v. United Fuel Gas Co.West Virginia Supreme Court · 1962
- Union Gas & Oil Co. v. Wiedeman Oil Co.Court of Appeals of Kentucky (pre-1976) · 1924
- Warren Oil & Gas Co. v. GilliamCourt of Appeals of Kentucky · 1919
- Lindlay v. RaydureDistrict Court, E.D. Kentucky · 1917
- Hughes v. Busseyville Oil & Gas Co.Court of Appeals of Kentucky · 1918
50 more not listed; retrieve them via the Exa API.