Waters v. Hatfield

Citations

• 107 Kan. 136
• 190 P. 599
• 1920 Kan. LEXIS 29

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oil and Gas Lease — Terms of Lease Relative to Forfeiture Construed. An oil and gas lease for the term of one year “and so long thereafter as gas or oil is produced,” containing a provision by which the lessees agreed to complete a well on the premises within sixty days from-the date of the lease, or in case of a failure to complete a well within that time, to pay to the lessors fifteen dollars “in advance for each additional month such completion is unavoidably delayed,” is construed to mean that a well should be completed within sixiy days, except that its completion might be deferred by some unavoidable delay.</p> <p>2. Same — Breach of Terms of Lease — Lease Set Aside. In an action to cancel such lease, a finding supported by sufficient evidence that no well had been commenced or completed within the sixty-day period, and that the failure was not the result of any unavoidable delays, entitled plaintiffs to a decree setting aside the lease.</p>