Mathes v. Shaw Oil Co.

Citations

• 80 Kan. 181
• 101 P. 998
• 1909 Kan. LEXIS 42

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Rents and Royalties — Gas and Oil Produced from Same Well— Lease Construed. A gas-and-oil lease, in addition to the usual provisions, contained a clause to the effect that if gas were found in any well sufficient to justify saving and casing the lessors might have enough for domestic purposes, and the lessee the remainder. Immediately following this was a clause which reads: “If, however, second party shall use, market or sell gas from any well producing gas, it shall pay . . . therefor fifty dollars per year for and during the time such gas shall be sold, marketed or used, except for drilling or domestic use of parties leasing to second party.” Held, that the lessee is liable for the stipulated rental if gas is used by it for purposes other than drilling.</p>