Butler v. City of Iola

Citations

• 100 Kan. 111
• 163 P. 652
• 1917 Kan. LEXIS 273

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Lease — -Gas Land — Annual Rental — Duration of Lease — Not Indefinite or Uncertain. A city entered into a lease with the plaintiff by which it acquired the gas rights to a tract of land and agreed to pay therefor an annual rental of $200. The lease provided that it should remain in force for the same length of time as another lease covering gas rights to an adjoining tract upon which the city was then operating gas wells. Held, the lease is not void on the ground that ' its duration is indefinite and uncertain.</p> <p>2. Same — Attempted Cancellation Ineffective. After making the annual payments of rental for seven years the city, while still operating gas wells on the adjoining lands under the other lease, attempted to cancel its lease with plaintiff by executing and recording a release thereof, and refusing to make further payment of rentals. Held, the attempted cancellation was of no effect, and so long as the lease remains in force the city can not avoid its liability thereunder on the ground that the rights obtained are of no value.</p>