The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-09-25
Syllabus of Supreme Court Opinion on
Simpson ct al VS.. Writ Franklin Lease;
Suit Contains Interesting Legal Points

Many interesting points Of vital i'm
portance to oil men in general are
contained in the syllabus Of the case
Of Anderson. n.Simpson-Heau ,n-Coc ct al
ve:srs Writ Frl. kiln, an, in which
tf.1 supreme ccirt reversed the de-
cision Of the Carter county district
court from the defendant s . favor to
that of the plaintiffs and remanded
the case to the district court for fur
ther procedure consistent with the
views of the supreme court.
The syllabus reads as follows:
81. An Oil and gas mining lease,
commonly known as an "unless lease
which provides that it shall remain in
force for a term Of five years from
its date. and as long thereafter as oil
and gas or either Of them, is produc-
ed from the land by the lessee, and
which contains the clause that il no
well be commenced on said land on
or before the expiration of one year
from the date of said lease, the same
shall terminate as of both parties,
unless the lessee, on or before that
date shall pay or tender to the les.
sor, specific sum Of money which
shall operate as a rental and cover the
privilege of dcferring the commence
ment of "a we'll for twelve months from
said date, etc, is a lease OF land Tor
a period of five years, and under the
provisions Of the fifth subdivision Of
section GAL, Rev. Laws of 1910, is
invalid unless in writing.
2. Under the statute Of frauds of
this state, all contracts for the leasing
of real estate for longer period than
one year are invalid unless the same.
or some note or memorandum there.
of be in writing.
3. An executory contract for the
sale of an oil and gas lease entered
into by an alleged agent of the owner
OF such lease, and a third person, is
invalid, under the statute of frauds,
unless the authority Of such agent
to sell said lease be in writing, SUBJ
scribed by such owner, and such au-
thority must be specific and certain
as TO the authority conferred. the
terms, description. and parties. so
that such authority is disclosed by the
writing itself, and recourse to parol
evidence to show the intention of the
| parties is unnecessary.
| 5. Subdivision !. statute of frauds
(section 941 Rev. Laws 1900 applies
alone to agreements other than those
relating to land, and subdivision OF
said section governs with reference
to agreements concerning real estate.
s. A parol agreement for the sale
OF lands. or OF an oil and gas lease
thereon will be enforced by the courts
where the vendee has paid the pur-
chase price, and taken possession, in
good faith, Of the premises with the
knowledge and consent Of the owner
and made permanent improvements
or development thereon.
Z. The acts of taking possession OF
land covered by oil and gas mining
| leases, after the owner of such lease
has disapproved contract for the
sale OF such leases made by an un-
authorized agent, are without war
rant. and will not take the contract
cut of the statute Of frauds, and pos
session under a contract OF sale with
an agent, invalid because the authority
OF the agent was not in writing, and
with the knowledge that the owner
denied the contract, and refused to
assign said leases, is Of no avail as
an act of part performance.
8. Specific performance Of contract
Of sale of oil and gas mining leases
made by an alleged agent whose au