Zelleken v. Lynch

Citations

• 80 Kan. 746
• 104 P. 563
• 1909 Kan. LEXIS 155

Syllabus

<p>SYLLABUS BY THE. COURT.</p> <p>1. Mineral Leases •— Covenant to Work and Mine “Continuously.” In the absence of provisions indicating a contrary intention a covenant in a mining lease that the lessee shall work and mine the property continuously means continuously to the end of the term.</p> <p>'2. - Oral Agreement — ^Specific Performance — Mutuality of Obligation and Remedy. The owner of mining lots made an oral agreement to lease them for a long term of years, the lessee to work and mine the lots continuously, in good faith and in a miner-like manner. The lessee was put in possession and for three years carried out in good faith the terms of the contract. Meantime the lessee installed machinery, erected improvements, sunk shafts, ran drifts and otherwise developed the property until it became very valuable, and in so doing expended the sum of $30,000. After repeated demands the lessor refused to execute a lease for the agreed period. Held, that as against a claim of want of mutuality in the obligation and remedy of the parties specific performance of the oral agreement should be decreed.</p>