Legal Opinion

Pittsburg Vitrified Paving & Building Brick Co. v. Cerebus Oil Co.

Supreme Court of Kansas

Decided March 6, 1909No. 15,815PublishedCited by 5 opinions

Error from Wilson district court; Leander Still-well, judge. STATEMENT. The Pittsburg Vitrified Paving & Building Brick Company had leases of the oil-'and-gas rights on large tracts of land in Wilson and Montgomery counties, and on the 5th day of November, 1903, entered into a contract agreeing to assign its oil rights in certain pleases of a considerable portion of such lands to George C. Videtto, B. A. Dolan and John C. Scott.

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Error from Wilson district court; Leander Still-well, judge. STATEMENT. The Pittsburg Vitrified Paving & Building Brick Company had leases of the oil-'and-gas rights on large tracts of land in Wilson and Montgomery counties, and on the 5th day of November, 1903, entered into a contract agreeing to assign its oil rights in certain pleases of a considerable portion of such lands to George C. Videtto, B. A. Dolan and John C. Scott. In this agreement the parties of the second part agreed to drill not less than a certain number of wells on certain tracts. It was further provided in the agreement…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

It requires but a casual reading of the contracts of November 5,1903, and of January 16,1904, to determine that no contractual relation whatever was created thereby between the plaintiff and the defendant. By the former contract the defendant agreed with Videtto, Dolan and Scott, on certain conditions, to assign “all its right, title and interest in and to the oil right in certain leases.” It was provided therein that the party of the second part should drill a certain num*606ber of wells on the land, and if they should drill any wells producing…

2Cited by5 opinions

  1. Hurlbut v. Butte-Kansas Co.Supreme Court of Kansas · 1926
  2. Holland v. MartinsonSupreme Court of Kansas · 1925
  3. Webb v. McGowinAlabama Court of Appeals · 1935
  4. Alliance Mutual Casualty Co. v. ScheuflerSupreme Court of Kansas · 1969
  5. Alliance Mutual Casualty Co. v. ScheuflerSupreme Court of Kansas · 1969

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