Hazelton v. Chaffin

Citations

• 109 Kan. 175
• 197 P. 870
• 1921 Kan. LEXIS 101

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Lease — Oil and Gas .Lease — Unambiguous—May Not Be Varied by Parol Evidence. Rule followed that iii the absence of pleading and proof of some species of fraud or mutual mistake a plain and unambiguous written contract must be enforced according to its terms; and neither pleading nor proof of a parol understanding at variance with the written contract can be considered.</p> <p>2. Same — Action for Rent — No Legal Defense Shown. Where the-grantee of a written contract to lease land for the development of gas and oil undertakes to pay rent until a well is commenced on the leased property, it is no defense to an action for the rent for the defendant to plead that he had no personal interest in the leased premises and that he had merely taken the lease in his own name as trustee or agent under an oral agreement to assign the lease to another party upon the happening of a future event. To be of any effect, such understanding should also have been reduced to writing and incorporated in the contract.</p> <p>3. Same — Effect of Assignment of Lease. An assignment of a lease does not annul the lessee’s obligation to pay rent unless the contract contains a stipulation to that effect.</p>