Gillet v. Elmhurst Investment Co.

Citations

• 111 Kan. 755
• 207 P. 843
• 1922 Kan. LEXIS 340

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Oil and Gas Lease — Lease assigned by Lessor — Action for Breach of Covenant in Lease — No Misjoinder of Plaintiffs — No Misjoinder of Causes of Action. The lessor in an oil and gas lease assigned an undivided one-tenth interest in the lease to each of his seven children. The lessee assigned to operating companies. The implied covenants of the lease, to develop fully and with diligence the oil resources of the land, and to prevent the land from being drained of oil by wells drilled on adjoining land, were broken, and the express covenant to render a stipulated oil royalty was broken. The lessor and his assignees joined in an action for damages against the .lessee and his assignees. The district court sustained a demurrer to the petition, on the ground of misjoinder of causes of action. Held, the district court erred.</p>