Scott v. Steinberger

Citations

• 113 Kan. 67
• 213 P. 646
• 1923 Kan. LEXIS 332

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Lease of Gas Land — Lease Construed — How Lessor’s Share of Gas Obtained Should Be Determined. In an action to recover the lessor’s share of gas obtained from his land under the following provision of the-lease, namely:</p> <p>“Party of the second part shall deliver to the credit of party of the first part free of cost in the pipe lines to which he may connect his wells one-eighth of all oil produced and saved on said premises, and shall pay the market price for same in cash if party of the first part shall so desire; and shall pay to party of the first part one-eighth of all gas produced and marketed.”</p> <p>It is held that the lessor was entitled to receive his share as measured into a pipe line which connected with the wells at the price or value of gas at that place and not the price or value that was obtained for it at some distant place on the pipe line to which it was transported and sold.</p>