Culbertson v. Iola Portland Cement Co.

Citations

• 87 Kan. 529
• 125 P. 81
• 1912 Kan. LEXIS 190

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Lease — Gas Land — Royalties—Action. Where a lessee of gas land drills wells on adjoining land and through them drains the gas from the leased land, and the lessor brings an action to recovér the royalties for the gas taken from his land through the wells on the adjoining land, as well as those sunk on the leased land, it is not necessary to set out the indebtedness of the lessee in two counts, nor did the fact that gas was wrongfully taken through the wells on the adjoining land prevent the recovery of all the royalties due in a single action.</p> <p>2. Accounting — Reference. As the action was brought to obtain an accounting and required the examination of a long account of the gas taken from several wells for a considerable time, the court was warranted in sending it to a referee for trial.</p> <p>3. Gas Well — Inspection Ordered — No Error-. It was competent for the court to order an inspection of the gas wells to enable it to determine the capacity of the wells and the rights of the parties in the premises.</p> <p>4. Gas Lease — Development — Implied Obligation. When a lessee undertakes to develop gas land and gives the lessor a rental or a royalty on the gas produced, and the contract does not specify the number of wells to be drilled, there is an implied obligation that he will fully develop the land with reasonable diligence and sink sufficient wells to secure to the lessor the gas underlying his land; and if the lessee sinks and operates wells on adjoining land and thereby drains the leased land he is, at least, liable to the lessor for a share of the gas so taken.</p>