Okla. City v. Harper, Case Number: 32515

• Citation: 180 P.2d 162,198 Okla. 493,1947 OK 140
• Decision Date: 29 April 1947
• Docket Number: Case Number: 32515
• Parties: OKLAHOMA CITY v. HARPER
• Court: Oklahoma Supreme Court

1947 OK 140
180 P.2d 162
198 Okla. 493

OKLAHOMA CITY
v.
HARPER

Case Number: 32515

Supreme Court of Oklahoma

Decided: April 29, 1947

Syllabus

¶0 1. OIL AND GAS - Right of action for damages for breach of warranty against lessor whose title fails and lessee continues in possession of land under lease from true owner.

Where lessor grants an oil and gas lease for a valuable consideration and warrants title to mineral interest in lands described in the lease, and the lessor's title fails, but lessee obtains right and continues in possession of the land under a lease from the true owner, the lessee is entitled to recover from the original lessor in an action for damages for breach of warranty.

2. SAME - Measure of damages recoverable by lessee.

The measure of damages for breach of a covenant of warranty of title in an oil and gas mining lease is that provided by 23 O. S. 1941 § 25. The provision of statute extends the detriment caused by the breach of the covenant of warranty to include the price paid lessor, with interest thereon during the time which the lessee derived no benefit from the property, not exceeding six years, together with expenses properly incurred by the lessee in defending possession.

3. SAME - Record sustained recovery of amount of bonus and delay rentals paid lessor with interest.

Record examined, and held: Lessee is entitled to recover from lessor the amount of bonus paid for the lease together with delay rentals, with interest thereon from the time of payment.

Appeal from District Court, Oklahoma County; Albert C. Hunt, Judge.

Action by F.E. Harper and Roy J. Turner and the British-American Oil Producing Company against the City of Oklahoma City. Judgment for plaintiffs, and defendant appeals. Affirmed.

A.L. Jeffrey, Municipal Counselor, of Oklahoma City, and Jim Gowdy, Asst. Municipal Counselor, of Lindsay, for plaintiff in error.

T. Murray Robinson and Earl Pruet, both of Oklahoma City, for defendants in error.

RILEY, J.

¶1 The city of Oklahoma City appeals from a judgment obtained by defendants in error against it in an action for breach of warranty contained in an oil and gas lease.

¶2 In 1942, the city granted to defendants in error an oil and gas lease to a portion of Draper Park, an addition to Oklahoma City. Draper Park was platted and dedicated in the year 1911 by the Commissioners of the Land Office of the State of Oklahoma. Whatever right the city possesses in and to the lands leased was obtained under the dedication by the state...