Gypsy Oil Co. v. Rambo

Supreme Court of Oklahoma

Gypsy Oil Co. v. Rambo

1920 OK 169, 189 P. 193, 78 Okla. 140, 1920 Okla. LEXIS 327

CourtSupreme Court of Oklahoma

DecidedApril 13, 1920

Docket9573

StatusPublished

This text of 1920 OK 169 (Gypsy Oil Co. v. Rambo) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gypsy Oil Co. v. Rambo, 1920 OK 169, 189 P. 193, 78 Okla. 140, 1920 Okla. LEXIS 327 (Okla. 1920).

Pincite

Opinion

HIGGINS, J.

This is a suit by T. A. Rambo,. hereinafter called plaintiff, against the Gypsy Oil Company, hereinafter called defendant, to cancel an oil and gas lease as a cloud upon his title.

Plaintiff purchased lands covered by this lease, previously executed by his grantor to *141 tlie defendant herein. By the terms of the lease, the lessee, the defendant herein, agreed to complete a well in a stipulated time or pay to the lessor a stipulated sum per acre for each year such completion was delayed. The lease further stipulated that upon payment of a certain sum the lessee had the option to surrender and cancel the same. This suit is brought upon the doctrine of lav,- as laid down in Brown v. Wilson et al., 58 Okla. 392, 160 Pac. 94, wherein it was held 'that under such a surrender clause the lessor, too, had the option to cancel the lease at any rent-paying period. Brown v. Wilson et al., supra, was the latest expression of this court as to the power of the lessor to cancel the lease under the surrender clause of the same at the time this case was tried in the lower court. This court now holds that the consideration expressed in the lease is a sufficient consideration for the granting by the lessor of the option to the lessee to"surrender and cancel the lease, and that this option is not granted to the lessor merely for the reason it is reserved to the lessee. Northwestern Oil & Gas Company v. Branine, 71 Oklahoma, 175 Pac. 533; Southwestern Oil Co. v. McDaniel, 71 Oklahoma, 175 Pac. 920; Pucini v. Baumgarner, 71 Oklahoma, 175 Pac. 537; Rich v. Doneghey, 71 Oklahoma, 177 Pac. 86; Eastern Oil Co. v. Beatty, 71 Oklahoma, 177 Pac. 104; McCray v. Miller, 78 Okla. 16, 184 Pac. 781.

The plaintiff, the successful party in the trial court, does not favor us with a brief.

Reversed and remanded.

OWEN, O. X, and RAINEY, PITOHEORD, MeNEILD, and BAILEY, JX, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

HIGGINS, J.

This is a suit by T. A. Rambo,. hereinafter called plaintiff, against the Gypsy Oil Company, hereinafter called defendant, to cancel an oil and gas lease as a cloud upon his title.

Plaintiff purchased lands covered by this lease, previously executed by his grantor to *141 tlie defendant herein. By the terms of the lease, the lessee, the defendant herein, agreed to complete a well in a stipulated time or pay to the lessor a stipulated sum per acre for each year such completion was delayed. The lease further stipulated that upon payment of a certain sum the lessee had the option to surrender and cancel the same. This suit is brought upon the doctrine of lav,- as laid down in Brown v. Wilson et al., 58 Okla. 392, 160 Pac. 94, wherein it was held 'that under such a surrender clause the lessor, too, had the option to cancel the lease at any rent-paying period. Brown v. Wilson et al., supra, was the latest expression of this court as to the power of the lessor to cancel the lease under the surrender clause of the same at the time this case was tried in the lower court. This court now holds that the consideration expressed in the lease is a sufficient consideration for the granting by the lessor of the option to the lessee to"surrender and cancel the lease, and that this option is not granted to the lessor merely for the reason it is reserved to the lessee. Northwestern Oil & Gas Company v. Branine, 71 Oklahoma, 175 Pac. 533; Southwestern Oil Co. v. McDaniel, 71 Oklahoma, 175 Pac. 920; Pucini v. Baumgarner, 71 Oklahoma, 175 Pac. 537; Rich v. Doneghey, 71 Oklahoma, 177 Pac. 86; Eastern Oil Co. v. Beatty, 71 Oklahoma, 177 Pac. 104; McCray v. Miller, 78 Okla. 16, 184 Pac. 781.

The plaintiff, the successful party in the trial court, does not favor us with a brief.

Reversed and remanded.

OWEN, O. X, and RAINEY, PITOHEORD, MeNEILD, and BAILEY, JX, concur.

Cite This Page — Counsel Stack

Bluebook (online)

1920 OK 169, 189 P. 193, 78 Okla. 140, 1920 Okla. LEXIS 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gypsy-oil-co-v-rambo-okla-1920.

Opinion

Related

Cite This Page — Counsel Stack