Trammel v. Briant

• Decision Date: 12 October 1900
• Citation: 58 N.E. 206,25 Ind.App. 375
• Parties: TRAMMEL et al. v. BRIANT et al.
• Court: Indiana Appellate Court

25 Ind.App. 375

58 N.E. 206

TRAMMEL et al.

v.BRIANT et al.

Appellate Court of Indiana.

Oct. 12, 1900.

Appeal from circuit court, Huntington county; C. W. Watkins, Judge.

Action by William H. Trammel and others against Cyrus E. Briant and others. From a judgment awarding plaintiffs nominal damages, they appeal. Affirmed.

Branyan & Branyan, Wm. H. Trammel, and Elliott & Elliott, for appellants. Daily, Simmons & Daily, for appellees.

HENLEY, J.

This was an action by appellants against appellees for damages growing out of the alleged breach of a gas and oil lease. The original lessors conveyed the leased land and assigned the lease to appellants before the commencement of this action. The lease, omitting the description of the leased premises, was as follows: “This indenture witnesseth that William F. Trammel and Lucy Trammel, his wife, of Huntington county, Indiana, party of the first part, for the consideration herein provided, do hereby grant, bargain, and lease and convey unto Cyrus E. Briant, of Huntington county, Indiana, party of the second part, all the oil and gas in and under the following described premises, together with the right to enter thereon at all times for the purposes of drilling and operating for oil, gas, and water, and to erect and maintain all buildings and structures and lay all pipes necessary for the production and transportation of oil and gas taken from said premises, excepting and reserving for the first party the one-sixth part of all oil produced and saved from said premises, to be delivered in the pipe line with which said party may connect his wells, namely, all that certain tract of land,” etc.; “to have and to hold the above premises on the following conditions: If gas only is found, second party agrees to pay one hundred and twenty-five dollars each year for the product of each well, while the same is being used off the premises, and first party to have gas free of cost at wells to heat all stoves in dwelling house during the same time Whenever first party shall request, second party shall bury all oil and gas lines, and pay all damages done to growing crops by reason of burying and removing said pipe lines. In case no well is completed within 90 days from this date, then this grant shall be null and void, unless second party shall pay to the first party two dollars per day that such completion is delayed. The second party shall have the right to use sufficient gas, oil, or water to run the machinery for operating said wells, and also the right to remove all property at any time; and it is further agreed that the party of the second part...