Elliott v. Crystal Springs Oil Co.

Citations

• 106 Kan. 248
• 187 P. 692
• 1920 Kan. LEXIS 496

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oil and Gas Lease — Action for Cancellation — Attorney’s Fees and Statutory Damages. In an action to obtain cancellation of record of an oil and gas lease, a plaintiff is entitled to attorney’s fees and to statutory damages of $100, under section 4994 of the General Statutes of 1915, where it was the duty of the holder of the lease to discharge it of record and he failed to do so, if the plaintiff lessor, at least twenty days before beginning the action, made a demand upon the holder of the lease to discharge it of record as provided by section 4995 of the General Statutes of 1915.</p> <p>2. Cancellation of Oil and Gas Lease — Procedure Optional. It is not necessary for the lessor of a gas and oil lease to follow the procedure permitted by section 4992 of the General Statutes of 1915 to clear his record title of a gas and oil lease before beginning his statutory action (§ 4994) to obtain a judgment cancelling the lease, nor is compliance with that procedure a prerequisite to the allowance of attorney’s fees and statutory damages.</p> <p>3. Same — Value of Attorney’s Services — Proof. Where attorney’s fees are allowed by statute to the prevailing party, the trial court should make a reasonable allowance therefor; and if no formal proof of the value of such service is presented, the court should allow a reasonable sum based upon its judicial notice of the services performed and upon its own general knowledge of the value of such services.</p> <p>4. Same- — Terms of Lease — Cancellation Ordered. A lease which was to endure as long as gas or oil was produced on the premises, and which also provided that “sixty days after both producing and drilling operations cease this lease to be void and surrendered for cancellation,” is terminated by its specific terms, and the lessor is entitled to j udgment cancelling it when it is admitted that production and drilling on the leased property have ceased for over seven months because no market wa