Opinion

Lightcap v. Mobil Oil Corporation

  • 221 Kan. 448
  • 562 P.2d 1
  • 57 Oil & Gas Rep. 487
  • 1977 Kan. LEXIS 243
Court
Supreme Court of Kansas
Filed
Mar 5, 1977
Status
Published
Author
Schroeder
On the bench
Fatzer, Kaul, Fromme, Prager, Miller
Cited by
86 cases
Authority
More cited than 12.7%

holding that under Proceeds Royalty Provisions “royalties . . . are to be paid on amounts actually received and lawfully retained by the producer[,]” but also noting that “all sales by the producer were made at the wellhead”

How later courts described this case

  • holding that under Proceeds Royalty Provisions “royalties . . . are to be paid on amounts actually received and lawfully retained by the producer[,]” but also noting that “all sales by the producer were made at the wellhead”
  • considering when claims were “alive” under applicable statutes of limitations in determining whether claims coexisted for purposes of K.S.A. § 60-213(d)
  • interest on excess royalties which were not paid by defendant
  • "Where a party retains and makes actual use of money belonging to another, equitable principles require that it pay interest on the money so retained and used."

Written by the judges who cited it.

The opinion

*486 Schroeder, J.,

concurring and dissenting:

I would affirm the trial court’s decision and identify with “Position 1” indicated in the court’s opinion. The reasons for my dissent herein are fully stated in my dissenting opinion in Waechter v. Amoco Production Co., 217 Kan. 489, 521 , 537 P. 2d 228 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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