Myers v. Shertzer

Citations

• 82 Kan. 275
• 108 P. 105
• 1910 Kan. LEXIS 241

Syllabus

<p>SYLLABUS BY THE COURT. 1. Mines and Minerals —• Construction of Lease — Rents and Royalties. Where an oil-and-gas lease provides (1) that the lessee may terminate the lease at any time “by notice in writing or by surrendering the same and discharging the same of record,” and (2) that the lessee shall pay a stipulated rental each year until the royalties derived from the sale of oil and gas shall equal or exceed the rental stipulated, the lessor will be entitled to receive the amount of rent agreed upon as long as the lease remains in force and the royalties received do not equal that amount.</p> <p>2. - Rents Accruing Pending Litigation to Cancel the Lease. In such a case the lessee completed eight producing wells and then sold all the pipes, machinery and appliances by which the plant was operated, and the purchaser proceeded to remove such appliances from the premises. The lessor commenced an action to enjoin such removal and to cancel the lease, but was defeated in the action. The action was pending over a year, during which time the removal was restrained by a temporary order of injunction granted at the commencement of the action. After this litigation ended the lessor brought an action for rent accruing during the pendency of the injunction proceedings, and recovered. Held, that the mere fact that the lessor did not succeed in his action for a perpetual injunction ■ and to cancel the lease is not sufficient to defeat his action for rent.</p>