85 Kan. 162 | Kan. | 1911
The opinion of the court was delivered by
Mary E. Mathes and husband sued the Shaw Oil Company and two other corporations to recover rent for use of gas taken from wells drilled under a lease of the plaintiffs’ land. The lease provided that its rights and obligations and benefits should continue so long as gas or other mineral, if found, could be produced in paying quantities; that if gas should be found sufficient to justify saving and casing the wells the lessors were to have gas for domestic use on the premises; if the lessees should use, market or sell gas from any well for other than domestic or drilling purposes they were to pay therefor fifty dollars a year, but gas used for these purposes was to be free. The petition alleged the use of certain^gas for other than domestic or drilling purposes, and prayed judgment. The second defense was to the effect that the gas wells were in fact oil-producing wells, from which it was necessary to remove the gas, and therefore no rental was due for the gas used. As to this defense a demurrer was overruled, and this was held error. (Mathes v. Shaw, 80 Kan. 181.) After this decision the plaintiffs filed an amended and supplemental petition, to which the defendants demurred, and, the demurrer being overruled, answers were filed, and after trial a judgment was rendered for the plaintiffs. Error is assigned in overruling the demurrer, in overruling objections to evidence, in overruling a demurrer to plaintiffs’ evidence, in the admission and rejection of certain testimony and m overruling a motion for a new trial. The demurrer was on the ground that no cause of action was stated
The chief complaint of the defendants is that the amended and supplemental petition failed to state a cause of action by reason of contradictory .and self-destructive allegations. The original petition alleged in substance that plaintiffs made a lease to corporation A, which assigned to one Thorne, who assigned to corporation B, which corporations and person thereafter by some arrangement or- understanding with corporation C caused the latter to claim a controlling interest and ownership in the lease and a controlling authority over the leasehold premises and a liability for the payment of rental therefor; that corporation D, by some arrangement or agreement or understanding between the one person and the three corporations, took over the lease and obligated itself to carry out its conditions ;■ that the nature of these various arrangements was unknown to plaintiffs but that all of the defendants (corporations B, C and D) had an interest in the lease and leasehold premises and were liable to plaintiffs for the payment of the-rentals; that the defendants and their assignors had put down wells -and used. gas for other than the excepted purposes, and that the three defendants had since September or October, 1904, used such gas and were still using it,-for which judgment was prayed. Second and third causes of action repeated these allegations for the purpose of covering successive periods,.the total amount prayed for being $450 with interest. The amended and supplemental petition simply adopts, the original petition and adds two causes of action for gas used for successive periods subsequent
We have examined the evidence shown by the abstract, and while not as clear as it might be, it is sufficient to support the verdict. Where parties assume to take one’s gas under leasehold rights they should so conduct the enterprise that the lessor may know to whom he is to look for his rental, and when such parties by means of undisclosed arrangements and overlapping
The judgment is affirmed.