Phillips Petroleum Company filed a lawsuit against Joe and Lois Curtis to establish ownership of an oil and gas lease and to be relieved from the lease's termination due to Phillips' failure to pay the delay rental on time. The lease was an "unless" lease, meaning it would terminate unless the lessee paid the lessor a specified sum. Phillips made a mistake in lease records and did not pay the rental on time, resulting in the lease's termination. Phillips was willing to pay to keep the lease in force, but the Curtis' refused to accept. The court considered cases where lessees were granted relief against lease termination due to delay rentals.
Phillips Petroleum Co. v. Curtis (1950)
United States Court of Appeals for the Tenth Circuit
182 F.2d 122
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