Grow v. Davis

Citations

• 110 Kan. 214
• 203 P. 683
• 1922 Kan. LEXIS 13

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Agreement to Execute an Oil and Gas Lease — No Mutuality of Obligation — Not Enforceable. An instrument in form a contract, provided that the first party should execute an oil and gas lease and deposit it. in a bank, for delivery to the second party when the second party should begin drilling a well in a specified.locality. The second party agreed to begin drilling the well; but the instrument provided that if he did not begin drilling within a stated time the contract and lease should be of no effect. Held, the instrument when signed did not create an enforceable obligation,, and the first party could withdraw at any time before the second party commenced to drill.</p> <p>2. Same — Withdrawal from Contract. The petition filed by the second party to enforce specific performance of the contract considered, and held to disclose that the first party did withdraw from the contract before the second party commenced to drill.</p> <p>3. Same — Contract to Make a Contract — Incomplete—Not Enforceable. The contract provided that the lease to be executed should be Producer’s form 88. A material subject of Producer’s form 88 was not covered by the contract, and the lease could not be written without further negotiation. Held, the contract was not specifically enforceable.</p>