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GARTNER v. MISSIMER

No. 39,844

178 Kan. 566 (1955)

290 P.2d 827

GEORGE GARTNER and MARGARET GARTNER, Appellees, v. CARL MISSIMER and BUD W. SCHROEDER, Appellants.

Supreme Court of Kansas.

Opinion filed December 10, 1955.

Attorney(s) appearing for the Case

Walter L. McVey, Jr., of Independence, argued the cause, and Walter L. McVey and Laurence McVey, both of Independence, were with him on the briefs for the appellants.

A.R. Lamb, of Coffeyville, argued the cause, and Paul A. Lamb, of Coffeyville, was with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This was an action for damages resulting from a breach of contract by failure of defendants to drill an oil and gas well to the Arbuckle lime on the farm of plaintiffs. Judgment was for plaintiffs and defendants have appealed.

The plaintiffs will hereafter be referred to as appellees and the defendants as appellants.

Appellees' petition, appellants' second amended answer, and a reply set out...

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