BERRY v. WALTON


366 S.W.2d 173 (1963)

Odell BERRY et al., d/b/a Odell Excavating Company, Appellants, v. John B. WALTON et al., Appellees.

Court of Appeals of Kentucky.

March 22, 1963.


Attorney(s) appearing for the Case

Joseph C. Healy, Howell W. Vincent, Covington, for appellants.

Sawyer A. Smith, Covington, for appellees.


PALMORE, Judge.

The dispositive question raised by this litigation is whether a mineral lease that does not specify a term and does not place on the lessee any express obligation except to account for and pay a royalty on whatever quantity of material he may remove is terminable at the will of the lessor.

We need not determine whether the lack of a definite or definable term was fatal to the contract. Even with a specific term, if a party has given no consideration...

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