Brooks v. Kunkle’s Empirical Analysis

Citation profile

1 federal appellate · 7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The only 'question worthy of report is as to the true construction of the oil lease in regard to the payment of rentals. All the terms and conditions of the lease in that regard are the following: ‘In case no well is completed' within 30 days from this date, then this grant shall become null and void, unless second party shall pay to said first party thirty dollars each and every month in advance while such completion is delayed. * * ® It is understood that the monthly rental shall apply tq any well or wells not completed as herein specified.’ It was in said lease specified that a well should be completed every 60 days from date of lease on east 40 acres until six wells should be completed thereon, and that a well should ¡be completed every 90 days on the west 40 after the completion of the sixth well on the east 40. A well was completed on the east 40 within 30 days after the date of the lease, and ns to that well there was full performance, and the lease was thereby saved from forfeiture as to the first well. The same is true of the second well. But no third well was ever completed, and thereby the agreement in the lease as to • completing such other wells was broken, and now tbe question arises as to the remedy for such breach of contract. The plaintiff below claims’that, in the words ‘unless second party shall pay to said first party thirty dollars each and every month in advance while such completion is delayed,’ there lies a promise to pay $30 per month for such delay.”

   1 later decision quote this exact passage
   e.g. United States v. Comet Oil & Gas Co.

2. ““No absolute obligation 1o drill a well or do any act whatever was cast upon the party of the second part by the, terms of the instrument, which, by its language, is characterized both as a grant and as a lease, and which is referred to in the complaint as a lease. It was by its terms to be entirely optional with the party of the second part whether or not anything should ever be done by him by way of use of the land, and, as no well was made, there arose no obligation to pay for oil or gas. It was provided that, in case no well should be completed within 90 days from the date of the instrument, the grant should become null and void, unless the party of the second part should pay the party of the first part Si per acre for each year the completion of a well should be delayed thereafter, said rental to begin at date of lease. And the party of the second part was to have the unconditional right to remove all its property from the premises at any time and to have the privileg-e of surrendering the lease at any time by paying the rental on the land to file date of surrender. It does not appear that any of the property of the party of the second part was ever placed on the land,- or removed therefrom, or whether or not there was any affirmative surrender or proposal therefor. Bul more than a year had elapsed, and the party of the second part had failed to avail himself of the right to drill a well, and no rent had been paid. There was no absolute requirement that the party of the ”

   1 later decision quote this exact passage
   e.g. United States v. Comet Oil & Gas Co.

3. ““In case no well is completed within ninety days from fhis date, then this grant shall become null and void between the parties thereof, unless the second party shall pay to said first party one dollar per acre for each year thereafter the completion of said well is delayed, said rental to begin at date of lease. * * * It is understood that second party shall have the privilege to surrender this lease at any time by first paying the rental on said land to date of such surrender.””

   1 later decision quote this exact passage
   e.g. United States v. Comet Oil & Gas Co.