[DOWNLOAD] "State v. Estep" by Supreme Court of Montana ~ Book PDF Kindle ePub Free

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eBook details

• Title: State v. Estep
• Author : Supreme Court of Montana
• Release Date : January 25, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

OIL AND GAS — APPEAL AND ERROR — CONTRACTS — LEASES — ESTOPPEL. 1. Mines and Minerals — Contracts — Conditions precedent. Where requirement of a geological survey by lessee was part of consideration for oil and gas lease rather than a condition precedent, such requirement was required to be pleaded and proven in action by lessor to cancel lease. 2. Mines and Minerals. Conditions in oil and gas lease are not favored in the law. 3. Appeal and Error — Lack of pleading — No issue as to duty to have survey made. In suit by lessor against lessee and others for cancellation of oil and gas lease, wherein there was no pleading as to failure of consideration with respect to paragraph of lease dealing with geological survey by lessee, and wherein neither side made any contention during trial about whether or not geological survey had been made, and wherein only evidence adduced concerning geological survey was on questioning by trial court, there was no issue in case concerning duty of lessee to have geological survey made. 4. Mines and Minerals — Evidence sufficient to sustain finding. In suit by lessor against lessee to cancel oil and gas lease, evidence was insufficient to sustain trial courts finding that no geological survey was made as provided by lease. 5. Mines and Minerals — Due diligence. Question whether due diligence has been exercised in development of land under oil and gas lease depends on facts and cirstances of each case, and due diligence in development of land under oil and gas lease in new wildcat area is quite different from due diligence in proven oil field. 6. Estoppel — Action of lessor repugnant. It was repugnant for lessor to attempt to reap benefits of oil and gas lease in event that it was a producer on the one hand and on the other hand to state that there were not sufficient drilling operations to validate the lease. 7. Mines and Minerals — Evidence established reasonable diligence. In action by lessor against lessee to cancel oil and gas lease, on ground that lessee did not comply with its drilling commitment Page 102 under lease with reasonable diligence, evidence established that drilling commitment was complied with by lessee with reasonable diligence both as to time and depth. 9. Appeal and Error — Trial Court in error. Where lessor wrongfully repudiated oil and gas lease 70 days before its expiration, but trial court, in action by lessor to cancel lease, erroneously held that lessor properly repudiated lease, and Supreme Court on appeal reversed judgment, lessee was entitled to 70 days from date of entry of judgment, in conformity with Supreme Courts opinion, in trial court, in which to conduct drilling operations in accordance with terms of lease.

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