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eBook details

• Title: Jundoosing v. Jundoosing
• Author : Mississippi Supreme Court
• Release Date : January 12, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Oil and Gas Leases — Payment of Gas Rentals — When Provision of No Effect — Effect of "Unless" Type of Lease — Modification of Lease by Executed Oral Agreement — Extension for Indefinite Period — Reasonable Time Intended — When Lessee not Liable for Rentals for Unexpired Term of Lease. Oil and Gas — Where No Gas Produced, Provision of Lease Requiring Gas Rental of No Effect. 1. Generally, a provision in an oil and gas lease for gas rental requires no payment to be made if no gas is received by the lessee, or if the flow is so small as to be hardly sufficient to furnish the lessor with gas for domestic use free of charge under the terms of the lease. Same — Effect of "Unless" Type of Oil and Gas Lease. 2. Under the "unless" type of oil and gas lease, providing that unless the lessee should begin drilling operations by a certain day, or unless he failed to pay quarterly delay rentals in advance if he failed to drill a certain number of wells within given periods, the lease should be null and void, there was no promise on the part of the lessee to pay rentals, he by the writing having been accorded no more than an option to drill or pay, failing to do either ipso facto terminating the lease. Same — Modification of Written Oil and Gas Lease by Executed Oral Agreement. 3. Where the lessor of oil and gas lands, before default by the lessee orally agreed to an extension of the time within which the latter was required to make payment under the contract, and the lessee remained in possession of and exercised dominion over the property thereafter with the consent of the lessor, the written contract became modified by an executed oral agreement. Same — Under Extension by Lessor of Time of Payment of Delay Rentals for Indefinite Period Lessee had Reasonable Time to Pay. 4. Where under an executed oral agreement the terms of an oil and gas lease were modified to the extent of granting an indefinite extension of time of payment of delay rentals by the lessee, the latter had a reasonable time within which to make payment. Same — When Contract of Lease Ended and Lessee No Longer Liable for Payment of Rentals. 5. Where an oil and gas lease made for five years, provided that failure on the part of the lessee to make certain quarterly payments

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