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ELY v. WICKHAM

Nos. 3331, 3332.

158 F.2d 233 (1946)

ELY v. WICKHAM. WICKHAM v. ELY.

Circuit Court of Appeals, Tenth Circuit.

November 20, 1946.

Attorney(s) appearing for the Case

Austin M. Cowan, of Wichita, Kan. (W. A. Kahrs and Robert H. Nelson, both of Wichita, Kan., on the brief), for appellant and cross-appellee.

George Siefkin, of Wichita, Kan. (Robert C. Foulston and John F. Eberhardt, both of Wichita, Kan., James E. Taylor, of Sharan Springs, Kan., and R. D. Armstrong, of Scott City, Kan., on the brief), for appellee and cross-appellant.

Before PHILLIPS and HUXMAN, Circuit Judges, and BROADDUS, District Judge.

BROADDUS District Judge.

These appeals present the conflicting contentions of the parties arising from the leasing of certain grain lands in Western Kansas, from the asserted breaches of the contracts of leasing, and the question of the adequacy and correctness of the damages allowed by the trial court. The principal question concerns the legal effect of a term in the several leases, that if the lessee fails and neglects...

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