Mollohan v. Patton

Citations

• 110 Kan. 663
• 202 P. 616
• 1922 Kan. LEXIS 118

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>1. Oil and Gas Lease — Action for Forfeiture of Lease and Damages. Where an oil and gas lease requires as a condition to its remaining in force that work upon a well' shall begin by a certain date and be diligently prosecuted, and drilling is begun on time, the fact that other wells in the neighborhood are subsequently brought in dry does not of itself relieve the lessee from the obligation to continue its prosecution.</p> <p>2. Same — Notification of Forfeiture — Demand for Discharge of Lease on the Record. The requirement of section 4995 of the General Statutes of 1915 that a demand for the discharge of a lease on the record shall be made .at least twenty days before an action is brought for damages for a failure to execute and record a surrender thereof is sufficiently complied with by the incorporation of such a demand in the notification of forfeiture provided for in section 4992.</p> <p>3. Same — Elements of Damages for Refusing to Discharge the Lease of Record After Forfeiture and Demand. Where in an action against the lessee for refusing to execute and record a surrender of a forfeited lease it is determined that he violated his duty to the lessor in such refusal, he may be held liable for damages resulting from the property being tied up during the litigation.</p> <p>4. Same — Award of Damages Sustained. The evidence is held to sustain the award of damages made.</p> <p>5. Same — Attorney Fee Not Unreasonable. The attorney’s fee allowed is held not to be unreasonable.</p> <p>SYLLABUS BY THE COUBT.</p> <p>1. Oil and Gas Lease — Forfeited—Refusal to Discharge of Record — Special Damages. It is held that in á statutory action for the refusal to discharge upon the record an oil and gas lease alleged to have been forfeited, an objection that special damages were not pleaded is not available on review because not made in the trial court, and the evidence is sufficient to show damages of that character.</p> <p>2. Same — Defense of G