Cole v. Butler

Citations

• 103 Kan. 419
• 173 P. 978
• 1918 Kan. LEXIS 283

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oil and Gas Lease — Not Without Consideration. The lease described in the opinion is held not to be void for want of consideration.</p> <p>2. Same — Fulfillment of Conditions. The plaintiffs’ title is such that they may require the fulfillment of the express and implied conditions of the lease.</p> <p>3. Same — Commencement of Operations. An implied condition was that operations should be begun within a reasonable time.</p> <p>4. Same — Forfeiture by Lessee — Bight of Cancellation. Failure to begin operations for thirteen of the twenty years’ duration of the lease, with a failure to show any intent or purpose to operate, entitle the plaintiffs to a decree of cancellation.</p> <p>6. Same — Damages—Attorney’s Fee. The judgment for damages and ' attorney’s fee was in accordance with the statute. (Gen. Stat. 1915, ■ § 4994.)</p>