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AKANDAS, INC. v. KLIPPEL

No. 66,507

250 Kan. 458 (1992)

827 P.2d 37

AKANDAS, INC.; EDGAR A. BEECHER, for himself and as Executive Trustee of the Edgar A. Beecher Revocable Living Trust; CLARA A. BEECHER; MARTHA JANE BUNDY; O.R. CHAPMAN; URA LOUISE GLAMSER; MARDELL S. PRINGLE; and BOBBY EUGENE and MARJORIE L. SHOCKLEY, Plaintiffs-Appellants, v. B.W. KLIPPEL, a/k/a B.W. KLIPPEL, JR., and SUZANNE MASON KLIPPEL, Defendants-Appellees, and JAMES W. HEINTZ; BP2, A Colorado Corporation, d/b/a CARRINGTON OIL; LEWIS C. LONG and THOMAS A. LONG, d/b/a LONG DRILLING CO.; UNION CENTRAL LIFE INSURANCE COMPANY; AYLWARD TRUST ESTATE No. 2; DUANE JESSUP, Attorney in Fact, AYLWARD TRUST ESTATE No. 2; MASON WALKER KLIPPEL and BERNHARDT WILLIAM KLIPPEL, III, as tenants by the entirety; MASON WALKER KLIPPEL; BERNHARDT WILLIAM KLIPPEL, III; MARY FRANCES COMLEY; BETTY J. DeCOURSEY; MRS. MARVIN E. JOHNSTON; MARVIN E. JOHNSTON; BETTY LOU LATIMER; D.C. McCUNE and CHARLES E. HENSHALL, Trustees; VAIL A. VAN NATTA; MARY JEAN FINK, as Attorney in Fact for the heirs of ADA W. APT; WILLIS GLEN APT; MARY JEAN FINK; CHRISTINE LORRIE APT EPLING; SHARMAN JEAN APT RUSSELL; JAMES R. MATTHEWS; ROBERT R. LEE; ALAN D. O'NEIL; CYNTHIA O'NEIL; JACK KAYES; BARRY M. KAYES; and BETTY JEAN HESSE, Defendants.

Supreme Court of Kansas.

Opinion filed February 28, 1992.

Attorney(s) appearing for the Case

David E. Pierce, of counsel, Shughart Thomson & Kilroy, P.C., of Overland Park, argued the cause, and Gary A. Nelson, of Murray, Tillotson & Nelson, Chartered, of Leavenworth, was with him on the brief for appellants.

John G. Pike, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause, and Dale L. Pohl, of Forbes & Pohl, of Eureka, was on the brief for appellees B.W. Klippel, a/k/a B.W. Klippel, Jr., and Suzanne Mason Klippel.

The opinion of the court was delivered by

ABBOTT, J.:

The plaintiffs sought judgment that certain oil and gas leases had expired. The resolution of that issue depends upon the interpretation of a document entitled "Unitization Agreement."

The plaintiffs and their predecessors in interest are mineral interest owners who entered into oil and gas leases. Each lease contains a habendum clause, specifying an initial or primary term ranging from one month...

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