(Download) "Rook v. James E. Russell Petroleum" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Rook v. James E. Russell Petroleum
- Author : Supreme Court of Kansas
- Release Date : January 24, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The opinion of the court was delivered by This case comes before the court for review of the decision of the Court of Appeals found at 8 Kan. App. 2d 412, 658 P.2d 1059 (1983). James E. Russell Petroleum, Inc., (defendant-appellant) appealed from the trial court's determination that it had abandoned its oil and gas production rights under two oil and gas leases to land owned by Maxine Rook Cooper and her son John Rook (plaintiffs-appellees). The Court of Appeals modified the trial court's ruling, holding that where evidence of a breach of implied covenant of an oil and gas lease is relied upon to infer the intent to abandon and the lease has been extensively developed in the past, the lessor is required to make demand for performance upon the lessee prior to initiating a lawsuit before a court will cancel the lease. The Court of Appeals ordered that the appellant be given 60 days to begin production efforts before the oil and gas leases would be deemed cancelled. We granted review. The facts are summarized in the Court of Appeals opinion, 8 Kan. App. 2d 412-13, but for purposes of review an expanded version is warranted. James Russell purchased the leases in question in 1963 from W.S. Fees, the original lessee, and subsequently sold them to the defendant corporation in 1973. Two adjacent tracts of land situated in Anderson County are involved, hereinafter referred to as Tract I and Tract II.