Hennig v. Wichita Natural Gas Co.

Citations

• 100 Kan. 255
• 164 P. 297
• 1917 Kan. LEXIS 305

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Allegations Stricken from Petition — No Error. A judgment will not be reversed because allegations are ■ stricken out of a petition, where the evidence to prove those allegations was properly-introduced under the remaining allegations.</p> <p>2. Trial — Placing Burden of Proof. Ordinarily a judgment will not be reversed because of error in placing the burden of proof in a trial by the court without a jury, where each party has ample opportunity to introduce evidence to support his contentions.</p> <p>3. Gas Lease — Provision' for Cancellation — Bona Fide Sale of Land. An oil and gas lease provided:</p> <p>“It is agreed that should said Beck make a bona fide sale of said 160 acres before lessee commences operations to drill on said land and refunds to lessee all money paid Beck, then lessee is to cancel this lease.”</p> <p>An absolute sale of the property was made. One of the purposes of the sale was to defeat the rights of the lessee. Held, that the lessee was -deprived of its right to drill on the premises, since the sale was made before the lessee commenced operations to drill.</p> <p>4. Same — No Drilling Operations Commenced — Lease Canceled. The driving of a stake locating a gas well and of another stake locating a place to set a boiler to drive drilling machinery does- not constitute a commencement of operations to drill, under the provisions of the lease set out in the third section of this syllabus.</p>