Chapple v. Kansas Vitrified Brick Co.

Citations

• 70 Kan. 723
• 79 P. 666
• 1905 Kan. LEXIS 37

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Landlord and Tenant — Gas and Oil Lease Construed. In an action for the recovery of real property the title was admitted to be in plaintiffs and the defendant had possession, and claimed a right of possession, under a gas and oil lease, which provided that it should become null and void at the expiration of two years from its date if a well had not have been sunk on the premises, unless the lessee should elect from year to year to continue such lease by paying, or depositing to the credit of the lessor at a designated bank, each year in advance, twenty-five cents for each acre covered by the lease. Held, that the placing of the lessee’s check in the designated bank for the amount of money necessary to continue the lease was not a compliance with the condition requiring a deposit of money.</p>