Federal Betterment Co. v. Blaes

Citations

• 75 Kan. 69
• 88 P. 555
• 1907 Kan. LEXIS 15

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition — Demurrer—Defeat of Parties. A demurrer to a petition for a defect of parties defendant should point out the parties improperly omitted, and where this is not done the overruling of the demurrer cannot be regarded as erroneous.</p> <p>2. Oil-and-gas Lease — Abandonment■ — Lessor’s Rights Not Waived. An oil lease provided that if a well was not completed on the leased premises within six months it could be kept in force by a quarterly payment of ten dollars until one was completed; that if at any time after a well was drilled six months should elapse without any revenue being, received therefrom and without any further drilling being done the lease should be deemed abandoned. An attempt was made to drill a well which proceeded until a depth of about 1000 feet was reached; then the casing was pulled out and the hole was plugged; no further drilling was done. More than six months thereafter the lessors brought a suit to declare the lessee’s rights lost by abandonment. Held: (a) There being evidence from which it might be inferred that the drilling done showed the existence of oil in sufficient quantity to warrant shooting, which was not attempted, the court was justified in finding that the operations described amounted to the drilling of a well within the meaning of the contract, and that the cessation of operations for six months thereafter constituted an abandonment of the lease, (b) The receipt of a quarterly payment after the operations described took place, but less than six months thereafter, did not commit the lessors to the position that a well had not been drilled, since it was'the completion of a well that was to end such payments, and the court was justified in further finding that a well had not been completed within the meaning of the lease.</p>