O'Neill v. Risinger

Citations

• 77 Kan. 63
• 93 P. 340
• 1908 Kan. LEXIS 225

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mines and Minerals — Option Contract — Forfeiture. An oil- and-gas lease which gives the lessee the exclusive right for a term of years to enter upon lands and prospect for and procure oil and gas; and provides in case no well shall be drilled within six months that all rights and obligations under the lease shall cease and determine, unless the lessee sljall elect to continue the lease in force by payment in advance of an annual rental of one dollar per acre for all the land, and which contains no covenant, promise or agreement on the part of the lessee to drill a well, or pay the rental, or do anything, is a mere naked option, and the failuye of the lessee to drill a well within six months or to make a payment of rental forfeits the lease.</p>