Bloom v. Rugh

Citations

• 98 Kan. 589
• 160 P. 1135
• 1916 Kan. LEXIS 136

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mines and Minerals — Oil and Gas Lease■ — Forfeiture — Laches— Waiver. Rule followed that a right of forfeiture must be promptly asserted or it will be treated as waived.</p> <p>2. Same — Oil and Gas Lease — Construction—Forfeiture—Waiver. An oil and gas lease for a term of one year and as long thereafter as gas and oil might be found in paying quantities contained a clause:</p> <p>“Second party agrees to commence well on the above described premises within 90 days from the date hereof, and in case of failure to do so this lease shall become null and void and without any further effect whatever, unless the Lessee shall pay for the delay at the rate of One Dollar per acre per annum thereafter until a well shall be commenced.”</p> <p>No well was commenced within the time agreed, but the lessor did not assert her right of forfeiture for nearly three months thereafter, at which time she made a second lease to other parties in which it was stipulated that the lessees should be “responsible for all action that may be brought from former lease.” Held, that the failure of lessor to assert her right of forfeiture promptly and unequivocally on the first default waived that right, and the first lease was not void for uncertainty as to the time when rent should be paid if the well was not commenced in ninety days, and payment of rent at any reasonable time on demand would be sufficient to avoid the forfeiture, following Smith v. Steele, 96 Kan. 106, 150 Pac. 519.</p> <p>3. Same — Oil and Gas Lease■ — Rent—Payment—Time. In such a lease time of payment of rent is not of the essence of the contract and payment at any reasonable time or upon reasonable demand would be sufficient to avoid forfeiture. (Smith v. Steele, supra.)</p> <p>4. Same — Oil and Gas Lease — Broach—Evidence—Oral Contemporaneous Agreement. Evidence of the lessor as to an oral agreement made at the time the written lease was executed that she was to get rent in ninety days if th