(DOWNLOAD) "Stranahan v. Independent Nat. Gas Co." by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Stranahan v. Independent Nat. Gas Co.
- Author : Supreme Court of Montana
- Release Date : January 24, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Oil and Gas Leases ? Forfeiture ? Statutory Action One at Law ? Failure to Develop Field ? Non-suit Held Error ? Sale of Gas ? Creating Monopoly ? Appeal and Error ? Cross-assignments of Error ? When Errors Reviewable Only on Cross-appeal. Oil and Gas Leases ? Forfeiture ? Release of Record ? Action at Law. 1. An action brought for the purpose of having an oil and gas lease declared forfeited under sections 6902-6904, Revised Codes 1921, authorizing, inter alia, the equitable relief of a release of the contract of record, is nevertheless an action at law. Trial ? Non-suit ? Question of Sufficiency of Evidence One at Law. 2. On a motion for non-suit, the question whether or not any substantial evidence has been introduced by the party upon whom the burden of proof rests is one of law for decision by the court. Same ? Non-suit ? When Only Case to be Taken from Jury. 3. No case should be taken from the jury on motion for non-suit when reasonable men may draw different conclusions from the evidence, or where there is substantial evidence to support the complaint, but only where the conclusion necessarily follows, as a matter of law, from the undisputed facts that recovery cannot be had on any view reasonably to be taken from the facts established. Same ? Non-suit ? How Evidence of Plaintiff to be Viewed by Court. 4. In the consideration of a motion for non-suit, the court must view the evidence in the light most favorable to plaintiff, even though there be a discrepancy in the testimony of his witnesses. Oil and Gas Leases ? Parties Bound by Terms of Contract Made by Themselves. 5. Parties to an oil and gas lease, who made the contract for themselves, must stand or fall by its terms. Same ? Forfeiture ? Failure to Develop Field ? Granting of Non-suit Held Error. 6. In an action to have an oil and gas lease declared forfeited under sections 6902-6904, Revised Codes, for failure of lessee to develop the lands "in accordance with the best field practice as a producing oil and gas field," after the lessee had brought in a gas well with an open flow of 7,500,000 cubic feet per day, held, under the above rules, that the trial court erred in granting a non-suit, viewing plaintiffs testimony in the light most favorable to them. - Page 598 Same ? Discovery of Gas in Commercial Quantities ? Nonexistence of Implied Covenant in Lease Requiring Lessee to Construct Distributing System. 7. Under an oil and gas lease providing that if gas in commercial quantities be found, the lessee should deliver it to a pipe line, there was no implied covenant on the latters part that he should build a distributing system to a town where it might be sold. Same ? Forfeiture ? Contract of Sale of Gas Developed ? Lessor Entitled to Urge Contention That Contract Void as Creating Monopoly. 8. Plaintiffs in an action seeking the forfeiture of an oil and gas lease, on the ground, among others, that the lessee failed to fulfill the provision of the lease making it its duty to market the gas found, could properly urge that a contract entered into by the lessee with a natural gas company under which the former bound itself not to sell gas to others within a certain market, was invalid as creating a monopoly contrary to the provisions of section 20, Article XV, Constitution, and sections 7559 and 10901, Revised Codes 1921. Trial ? Retaxing Costs ? Appeal ? Error not Reviewable on Cross-assignment of Error but Only on Cross-appeal. 9. Alleged erroneous ruling of trial court on motion to retax costs by reducing the rate of mileage allowed to witnesses from ten to seven cents a mile, held not properly raised by respondents cross-assignment of error, the question being properly reviewable only on cross-appeal, the alleged error involving something separate and distinct from that presented by the appeal.
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