Weaver v. Graham

Citations

• 109 Kan. 450
• 199 P. 924
• 1921 Kan. LEXIS 295

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oil and Gas Lease — Gas to Be Furnished Lessor Free — No Gas Well Found — Action for Cancellation. An oil and gas lease provided — “If gas be found in any well or wells first party [the lessor] is to have on demand sufficient gas for domestic purposes on said premises free; the said second party [the lessee] is to have the remainder together with all gas from oil wells.” It is held that under this provision the lessor was not entitled to be supplied with gas otherwise than from producing gas wells — that no obligation to supply him with gas arose from its being found in oil wells.</p> <p>2. Trial — Evidence—Conclusions of Witness. The admission of evidence objected to on the ground of having been given in the form of conclusions is held not to have been prejudicial.</p> <p>3. Agency — Purchase of Lease by Plaintiff — Plaintiff Acting as Agent of Defendants. The evidence is held to have been-sufficient to support a finding that in buying a lease the plaintiff acted as the agent of the defendants and therefore is liable to them for the difference between what he received from them and what he actually paid for the lease.</p>