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TOKLAN ROYALTY CORP. v. PANHANDLE EASTERN PIPE LINE CO.

No. 38,506

172 Kan. 305 (1952)

239 P.2d 927

TOKLAN ROYALTY CORPORATION, a corporation, JOHN H. LEAVELL and F.E. BERNSEN, Plaintiffs-Below, Appellees, v. PANHANDLE EASTERN PIPE LINE COMPANY, a corporation, Defendant-Below, Appellant, WALTER BOHNSTENGEL; ALBERT P. KLIEWER and EDNA N. KLIEWER; F.E. and NORMA S. GOULD; ROLLY J. GRESHAM; ELLEN J. GRUNDY; C.A. and LIZZIE HOFFMAN; CORA LEIERER; JOSEPH F. LINDSTROM; CLARA OSMOND; J.R. MANN; MORRIS L. REEVES; MARTHA K. SCHOLP, Executrix of the estate of WALTER H. SCHOLP; KENNETH E. SENTNEY; DAN C. and J.P. SULLIVAN; LILLIAN M. STUBBS; HENRY and HESTER G. WHITSON; JAMES A. WILLIAMSON; CHARLES HOFFMAN and C.E. HOFFMAN, Administrator of the estate of LIZZIE HOFFMAN, deceased; MINNIE BEASLEY, Administratrix of the estate of CALIFORNIA M. BURNHAM, deceased, Defendants-Below, Appellees.

Supreme Court of Kansas.

Opinion filed January 26, 1952.

Attorney(s) appearing for the Case

Mark H. Adams, of Wichita, and Arthur G. Logan, of Wilmington, Delaware, Charles E. Jones, William I. Robinson, J. Ashford Manka and Orval L. Fisher, all of Wichita, and Edward H. Lange and C.R. Kirkbride, both of Kansas City, Mo., were with them on the briefs for the appellant.

A.D. Weiskirch, of Wichita, argued the cause, and Manford Holly, George B. Collins, C.L. Williams, Oliver Hughes and W. R. Martin, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was an action for cancellation of a contract to purchase gas. The demurrer of defendant Panhandle Eastern Pipe Line Company was overruled and it has appealed.

This action was here once before. (See Toklan Royalty Corp. v. Panhandle Eastern Pipe Line Co., 168 Kan. 259, 212 P.2d 348

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