Bailey v. Fredonia Gas Co.

Citations

• 82 Kan. 746
• 109 P. 411
• 1910 Kan. LEXIS 334

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Severable or Entire — Drilling Wells — Time of Payment. A provision of a written contract that one party shall drill a certain number of wells, and in case gas is found in any or all of them in paying quantities the other party shall own and possess such well or wells by paying the cost of drilling the same, implies that a payment is due whenever a paying well has been drilled.</p> <p>2. -Abandonment — Action to Recover for Part Performed. Where under such a contract a payment has become due, but the party liable therefor refuses to make it, contending that nothing need be paid until all the wells are completed, the party entitled to receive it has a right to abandon further work and sue for that already done.</p> <p>3. - Limitation of Actions. Such an action is one upon the contract, and the statute of limitations applicable thereto is that relating to agreements in writing.</p>