Ringle v. Quigg

Citations

• 74 Kan. 581
• 87 P. 724
• 1906 Kan. LEXIS 106

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Cancelation of Gas-and-oil Lease — Petition—Demurrer. In a suit by the lessor to cancel a gas-and-oil lease on the ground that it was void, the petition alleged the execution of the lease, giving a copy thereof, which is given hereinafter. No facts outside of the lease itself indicating imposition, fraud or mistake, or that the interests of the lessor were being or would be injuriously affected by any of the provisions of such instrument, were stated in the petition. Held, that a general demurrer to such petition was properly sustained. .</p> <p>2. --- Conditional Option to Keep Lease in Force. A gas lease is not void merely because the lessee stipulates therein that at the end of five years he shall have the option to keep the lease in force by then doing some act which at the date of the lease he is unable to perform.</p> <p>3. -Performance of Conditions. A lessor in a gas lease . has no right to expect the lessee to perform the conditions therein on his part immediately when by the provisions of the instrument the lessee is permitted to delay performance for five years.</p> <p>4. - Ambiguity. A written instrument is not void for ambiguity when ■ the contract of the parties can be clearly and certainly ascertained therefrom.</p> <p>5. - Gas-and-oil Lease — Royalties — Time of Beginning Operations. -Although obtaining royalty may be the essence of a gas-and-oil lease, the time when operations under the lease shall commence is a proper subject of agreement between the parties, and, in the absence of imposition, fraud or mistake, the provisions of the contract should be upheld.</p>