109 Kan. 450 | Kan. | 1921
The opinion of the court was delivered by
An eighty-acre oil and gas lease executed by D. B. Weaver passed into the hands of the Kansas Natural Gas Company. Thereafter the company made an assignment of the lease to Weaver, who assigned it to Edward Graham and others. Later Weaver brought this action against Graham and his coassigneés asking a cancellation of the lease on the ground that they had not met its requirements. The defendants by way of a cross-petition pleaded that in negotiating the purchase of the lease from the Kansas Natural Gas Company the plaintiff was acting in their behalf as their agent, and that by falsely representing to them that the price paid was $14,000 when it was, in fact, only $12,500 he had defrauded them of $1,500, for which amount they asked a recovery. The defendants were given judgment for the amount of their claim. The plaintiff was denied relief, and appeals.
The lease also contains a separate paragraph reading — “If gas is found in the neighborhood said second party shall pipe it to within fifty feet of residence on above described premises.” The plaintiff states in his brief that the receiver of the Kansas Natural Gas Company laid a pipe line to his house, and the receiver testified that gas was furnished “independent of the lease” out of the gas line which went through the country, produced from wells in the neighborhood. Whatever obligation the paragraph quoted may have imposed we do not think that the failure to furnish gas from other property was a sufficient ground for a cancellation of the lease, and the evidence was not such as to compel a judgment for the plaintiff for relief in any other form. ■
The plaintiff also contends that he should have been given some relief because of the failure of the defendants to perform oral agreements for the development of the lease. The making of these agreements was denied and it must be assumed that the trial court was not persuaded of their existence.
Complaint is made of the refusal of the court to allow the plaintiff to introduce evidence to show that there was gas in the oil wells being operated on the lease. Under the construction of the lease which we have adopted proof of this fact would have been unavailing and the.evidence was therefore properly rejected.
The judgment is affirmed.