Phillips Petroleum Co. v. Curtis

Court of Appeals for the Tenth Circuit
182 F.2d 122, 1950 U.S. App. LEXIS 3847 (1950)
ELI5:

Sections

Rule of Law:

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The Legal Principle

This section distills the key legal rule established or applied by the court—the one-liner you'll want to remember for exams.

Facts:

  • On October 4, 1946, Joe W. and Lois B. Curtis granted an 'unless' oil and gas lease to James T. Blanton.
  • The lease stipulated that it would terminate if a well was not commenced by October 4, 1947, unless the lessee paid a delay rental of $40 on or before that date.
  • Phillips Petroleum Company acquired the lease by assignment from Blanton on January 22, 1948.
  • The Curtises subsequently sold a portion of their mineral interest, which apportioned the delay rental due to them to $11.67 for the October 4, 1948 payment.
  • On September 15, 1948, a Phillips employee, believing a well on an adjacent tract held the lease, mistakenly marked the lease record as being held by production.
  • Due to this internal clerical error, Phillips failed to pay or tender the $11.67 delay rental to the Curtises on or before the due date of October 4, 1948.
  • Upon discovering the mistake around December 1, 1948, Phillips immediately tendered the payment with interest, but the Curtises refused to accept it.

Procedural Posture:

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How It Got Here

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Issue:

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Legal Question at Stake

This section breaks down the central legal question the court had to answer, written in plain language so you can quickly grasp what's being decided.

Opinions:

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Majority, Concurrences & Dissents

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Analysis:

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Why This Case Matters

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