Skinner v. Ajax Portland Cement Co.

Citations

• 109 Kan. 72
• 197 P. 875
• 1921 Kan. LEXIS 79

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oil and Gas Lease — Action for Cancellation — Contract Not Unilateral —Pleadings. In a petition asking the cancellation of an oil and gas lease for want of mutuality or consideration a recital in the lease that it was given as a part of the purchase price of the land is not overcome by a general allegation that the substantial and real consideration was the royalty provided for, and is fatal to the claim that the contract was unilateral, in the absence of any statement of facts inconsistent with or explanatory of such recital.</p> <p>2. Same — Ninety-nine-year Lease Construed — When Drilling Must Be Commenced. Where an oil and gas lease contains an express provision that it is entirely optional with the lessee as to when he shall be obliged to drill, an agreement that operations shall be begun with reasonable diligence cannot be implied, and the lease cannot be canceled by reason of his delay to commence drilling.</p> <p>3. Same — Demurrer to Petition — Sustained. . On appeal from the sustaining of a demurrer to a petition asking the cancellation of an oil and gas lease executed to a corporation where nothing was pleaded regarding the capacity of the defendant to take or hold such a lease there is no occasion to consider any question in that regard.</p>