Farlow v. Frankson

Citations

• 110 Kan. 197
• 203 P. 299
• 1922 Kan. LEXIS 6

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oil and Gas Lease — Provision for Advance Payment of Bents and for Termination of Lease Interpreted. In an oil and gas lease which contained the common provision that all rights under it should cease if a well were not begun within a certain time, unless the lessee should pay a quarterly rental of $140 in advance, a clause was added to the effect that the lessee agreed to pay $140 each three months until the royalties should exceed that amount. It is held that the additional clause did not impose upon the lessee an absolute obligation to pay rent, but is to be interpreted as meaning that if he elected to continue the lease in force by paying rent such payments should cease whenever the royalties should exceed the amount named.</p> <p>2. Same — Provision of Lease Relating to Its Surrender Not Complied With. Under an oil and gas lease providing that it shall cease to be effective if no well is begun within a certain time, unless a specified periodical rent is paid in advance, and that the lessee may at any time bring the lease to an end by surrendering it and paying one dollar, where the lessee commences the payment of rent he is liable therefor until he avails himself of the surrender privilege.</p> <p>3. Same. The privilege of the lessee to end his liability under an oil and gas lease by surrendering it is not exercised by filing a release with the register of deeds, when the lessor has no notice or knowledge thereof.</p>