California Court of Appeal
307 P.2d 1005 (Cal. App. 1957)
Baldwin leased oil and gas rights to Sam Kubetz (defendant). The lease provided that Kubetz would “continuously drill additional wells, allowing not more than ninety (90) days between the completion of one well and the beginning of the next well,” until certain metrics were met. The lease also included a force majeure clause, stating that the drilling requirements would be suspended if Kubetz were unable to perform for reasons outside of his control. In order to drill wells on the property, Kubetz would have had to obtain zoning exceptions. Such exceptions could be obtained for drilling purposes if “it appears probable that there is oil underneath the property under consideration . . . .” Kubetz obtained an exception for a first well, and dug that well. However, he did not obtain any additional exceptions, and as a result, did not drill any additional wells. The trustees of Baldwin’s estate (plaintiffs) brought suit against Kubetz for a breach of the implied covenant to operate diligently and properly. The trial court found in favor of the plaintiffs. Kubetz appealed.
Rule of Law
Holding and Reasoning (Ashburn, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.