Robinson v. Smalley

Citations

• 102 Kan. 842
• 171 P. 1155
• 1918 Kan. LEXIS 155

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — To Execute Oil and Gas Lease — Incorporeal Hereditament — Statute of Frauds. A contract to execute an oil and gas lease granting the right to explore, and, if mineral be found, to produce and sever, is a contract for the sale of an incorporeal hereditament, within the meaning of the sixth section of the statute of frauds. (Gen. Stat. 1915, § 4889.)</p> <p>2. Same — When Actionable Though Not in writing. A contract by a husband, whereby for a consideration he agrees to procure his wife to sign an oil and gas lease of the character described, need not be in writing to be actionable.</p>