Baldwin v. Blue Stem Oil Co.

Citations

• 106 Kan. 848
• 189 P. 920
• 1920 Kan. LEXIS 668

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Gas and Oil Lease — Terminated in Three Years — No Extension. A gas and oil lease which provides that it shall remain in force for three years from its date, and as long thereafter as gas or oil is produced from the land by the lessee, and which provides that the lease shall terminate if no well is completed on the land before one year from the date thereof, unless a year’s rent is paid, which payment shall defer the completion of a well for twelve months, and which provides that upon like payments the completion of a well shall be deferred for like periods, terminates at the end of three years, and is not extended beyond that period by failure to drill a well on account of water failure, muddy roads, storms, sickness of employees, or inability to get casing as a result of the action of the government.</p> <p>2. Same — Refusal to Set Asida Judgment — No Error. It is not error to refuse to set aside a judgment and permit an amended answer to be filed where the application for such permission is not made until four months after the judgment has been rendered, and the facts sought to be shown by the proposed amendment were known to the defendants when the original answer was filed.</p> <p>3. Same — Tender of Rent — No Extension of Lease. Under the facts stated in the first paragraph of this syllabus, a tender of rent on the day before the expiration of the three years does not extend the lease.</p>