HERL v. LEGLEITER

No. 54,478

9 Kan. App. 2d 15 (1983)

668 P.2d 200

EDMUND HERL & LOUISE HERL, Appellees, v. JULIUS A. LEGLEITER, et al., Appellants.

Court of Appeals of Kansas.

Opinion filed August 25, 1983.


Attorney(s) appearing for the Case

Gregory J. Herrman, of Hays, for the appellants.

Michael S. Holland, of Russell, for the appellees.

Before FOTH, C.J., REES and SPENCER, JJ.


FOTH, C.J.:

After bench trial the trial court found that the oil and gas lease in question here had expired because the lessees had failed to "commence" a well within the one year primary term. The defendant lessees appeal, contending primarily that certain preliminary steps taken in anticipation of drilling were sufficient to constitute commencement of a well under the terms of the lease.

On March 27, 1980, lessors Edmund and Louise Herl and lessee Julius...

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