192 Ky. 780 | Ky. Ct. App. | 1921
Opinion op the 'Court by
— Affirming.
Appellant Satterfield by this proceeding in the Warren circuit court sought a cancellation of an oil and gas lease which he and his wife executed on his 127 acres of land in Warren county, November 17,1916, on the ground that the lessee and his vendees had failed to develop the property for oil or gas according to the terms of the lease and that appellant, after waiting a reasonable time upon appellees for development, had- given them written notice that he would not receive the stipulated yearly rental provided in the lease for the extension of the term in which to begin a well on his premises, but would ask for a cancellation of the lease unless a well was in good faith commenced upon his lands within a reasonable time from the giving of the notice. The relief sought by appellant Satterfield being denied by the trial court, he has appealed from its judgment. There is little controversy about the facts. Appellant Satterfield admits that he executed the lease to one Huntsman, remote assignor of appellees, and that the rentals reserved in the lease were duly paid on May 17, 1917, and May 17, 1918, and that the rentals, $30.75, due for the year beginning May 17,1919, were forwarded to lessor 'by registered letter addressed to him at Allen Springs, his post office, but that he instructed the postmaster at said place to return the said registered letter unopened to appellees, who had sent it; that he
By the answer defendants averred that all the .rentals due under the lease were promptly paid until May, 1919, when appellant refused to accept them, and that the rental, $30.75, was mailed by appellees to appellant in a registered letter addressed to him at Allen Springs, Kentucky, on May 14 or 15,1919, and that' same was returned unopened without any -endorsement thereon, and further that appellees offered to deposit to the credit of appellant in the American National Bank of Bowling Green the said rentals, but was informed by the cashier of said bank that the appellant Satterfield had instructed the bank not to accept any rentals on said lease; that all of these things happened before the rentals were due and before appellant gave to appellees the written notice that
The trial court having so held, the judgment is affirmed.