[Download] "Cornwell v. Jespersen" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Cornwell v. Jespersen
- Author : Supreme Court of Kansas
- Release Date : January 25, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This is an action by Rick, Joe, Jack and June Cornwell and Martha Cornwell Riddell (plaintiffs-appellees) against Jerry Jespersen, and Big J. Production Co., Inc., (defendants-appellants) for damages to the plaintiffs' crops and land alleged to have resulted from the defendants' oil drilling activities on their land. The trial court held that the plaintiffs could maintain an action against the defendants as they were third party beneficiaries to the drilling contract between defendants and plaintiffs' lessee. The court awarded actual damages totalling $3,772 and punitive damages of $1,980. The defendants' appeal claiming the trial court erred in its conclusion that the plaintiffs were third party beneficiaries to the contract, in considering parol evidence when interpreting the drilling contract, in awarding punitive damages, and in finding that a letter dated March 13, 1982, from the lessee to the defendants was not an accord and satisfaction. Rick and Joe Cornwell and Martha Cornwell Riddell are the joint owners of a certain parcel of land in Stafford County. Jack, June, Rick and Joe Cornwell and Martha Cornwell Riddell are the owners of a separate parcel, also in Stafford County. In August of 1980, Rick, Joe and Martha entered into an oil and gas lease with Dennis Tajchman as lessee. Also in August of 1980, Jack, June, Rick, Joe and Martha leased their land to Alta, Inc. The leases — for purposes of this appeal — are identical. Each contained supplemental provisions, including the following conditions: 2.d. Lessee shall pay for all loss of crops and damages to the land occasioned by its operations. . . . .
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