Simons v. McDaniel’s Empirical Analysis

Citation profile

6 federal appellate · 17 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * Defendant further contends that under the terms of the lease, it having commenced the well within the primary term, it was entitled to complete the same with reasonable diligence regardless of whether or not the primary term of the lease expired prior to such completion. The trial court upheld this contention, and in so holding it did not err. “The oil and gas lease, as above pointed out, was for a term of one year and as long thereafter as oil or gas was produced. * * * It contained a paragraph governing the payment of delay rentals in which no time was specified for the payment of rentals and no amount was specified, thus evidencing the fact that the term of the lease could not be extended by the payment of delay rentals. After this provision it contained a paragraph providing that' if the first well drilled on the land should be a dry hole * *. In the same paragraph and as a part thereof it provided as follows: “ ‘ * * * and if the lessee shall commence to drill a well within the term of this lease or any extension thereof, the lessee shall have the right to drill such well to completion with reasonable diligence and dispatch, and if oil or gas, or either of them be found in paying quantities, this lease shall continue and be in force with like effect as if such well had been completed within the term of years herein first mentioned.’ “The supplemental agreement between the parties did not specify a time for the completion of a well upon the premises, but did speci”

   2 later decisions quote this exact passage
   e.g. Bain v. Portable Drilling Corp. · 106 F. Supp. 61 - Wickham v. Skelly Oil Co.

2. ““The drilling clause of lessee plaintiffs’ lease conferred upon them the right to commence a well (by complying with the conditions of the instrument, i. e., exercising the option of paying rentals and thus continuing the lease in force) on the very last day of the term specified in the duration clause. Since lessee had such ani agreed right, can we with reason say the parties to the lease contract contemplated that right a barren or worthless privilege? To do so is to convict the parties of an absurdity. To the contrary, ‘in every private grant there passes by implication that which is reasonably necessary .to the enjoyment of the thing granted.’ * * * “Therefore we hold that the grant to lessee plaintiff of the right to commence a well at any time within the term fixed by the lease contract, by necessary legal implication, carried with it the right to complete the well after the period fixed for commencement had expired, subject, however, to abandonment of that right by failure to proceed in good faith and with diligence.””

   2 later decisions quote this exact passage
   e.g. Skelly Oil Co. v. Wickham · Vincent v. Tideway Oil Programs, Inc.

3. ““Therefore we hold that the grant to lessee plaintiff of the right to commence a well at any time within the term fixed by the lease contract, by necessary legal implication, carried with it the right to complete the well after the period fixed for commencement had expired, subject, however, to abandonment of that right by failure to proceed in good faith and with diligence.””

   2 later decisions quote this exact passage
   e.g. 380 F. Supp. 1389 - Nickel v. Jackson · 417 F. Supp. 552 - Stoltz, Wagner & Brown v. Duncan