Hazelton v. Chaffin
Decision Date | 07 May 1921 |
Docket Number | 23,202 |
Citation | 109 Kan. 175,197 P. 870 |
Parties | C. N. HAZELTON and SARAH J. HAZELTON, Appellees, v. DAVID CHAFFIN, Appellant |
Court | Kansas Supreme Court |
Decided January, 1921.
Appeal from Elk district court; ALLISON T. AYRES, judge.
Judgment affirmed.
SYLLABUS BY THE COURT.
1. WRITTEN LEASE--Oil and Gas Lease--Unambiguous--May Not Be Varied by Parol Evidence. Rule followed that in the absence of pleading and proof of some species of fraud or mutual mistake a plain and unambiguous written contract must be enforced according to its terms; and neither pleading nor proof of a parol understanding at variance with the written contract can be considered.
2. SAME--Action for Rent--No Legal Defense Shown. Where the grantee of a written contract to lease land for the development of gas and oil undertakes to pay rent until a well is commenced on the leased property, it is no defense to an action for the rent for the defendant to plead that he had no personal interest in the leased premises and that he had merely taken the lease in his own name as trustee or agent under an oral agreement to assign the lease to another party upon the happening of a future event. To be of any effect such understanding should also have been reduced to writing and incorporated in the contract.
3. SAME--Effect of Assignment of Lease. An assignment of a lease does not annul the lessee's obligation to pay rent unless the contract contains a stipulation to that effect.
C. W. Spencer, of Sedan, for the appellant.
S. H. Piper, and W. B. Grant, both of Independence, for the appellees.
This was an action for rent due on an oil and gas lease. Judgment was rendered for plaintiffs on defendant's answer and admissions, upon the ground that these constituted no defense.
Plaintiffs alleged that defendant did not complete a well on the premises within one year, and that he had never drilled for gas or oil, and that the rent due under the lease had not been paid. They prayed judgment for the rent.
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Boller's Estate, In re
...F. Railway Co. v. Truskett, 67 Kan. 26, 72 P. 562; Brenn v. Farmers' Alliance Insurance Co., 103 Kan. 517, 175 P. 383; Hazelton v. Chaffin, 109 Kan. 175, 177, 197 P. 870; United States Fidelity& Guaranty Co. v. Grabske, 111 Kan. 271, 207 P. 322; Radebaugh v. Dillon, 119 Kan. 492, 240 P. 406......
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Darby v. Keeran
...Gas and Electric Company, D.C., 215 F.Supp. 532) and the contract is subject to enforcement according to its terms. (Hazelton v. Chaffin, 109 Kan. 175, 197 P. 870.) By the express terms of the contract, the seller was to furnish an abstract showing merchantable title. The buyers were to pay......
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Johnson v. Capitol Federal Sav. and Loan Ass'n
...of a parol understanding at variance with such terms can be considered. (Colt Co. v. Kocher, 123 Kan. 286, 255 P. 48; and Hazelton v. Chaffin, 109 Kan. 175, 197 P. 870.)' (197 Kan. p. 424, 417 P.2d p. The rule was followed in In re Estate of Smith, supra, where we quoted verbatim the forego......
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Agrelius v. Mohesky
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