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SMITH v. HOLMES

No. 40,549

181 Kan. 438 (1957)

312 P.2d 228

HENRY E. SMITH, Appellant, v. E.E. HOLMES and MARY HOLMES, his wife, and the STATE HIGHWAY COMMISSION of the STATE OF KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed June 8, 1957.

Attorney(s) appearing for the Case

William W. Dimmitt, Jr., of Topeka, argued the cause, and Jacob A. Dickinson, David Prager and Sam A. Crow, of Topeka, were with him on the briefs for appellant.

John A. Bausch, of Topeka, argued the cause, and L.M. Ascough and C.K. Sayler, of Topeka, were with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This appeal involves the validity of a mineral lease entered into April 22, 1946, granting appellant lessee the right to quarry rock and other minerals for a primary term of five years "and as long thereafter as production is had" from land owned by appellees who claimed the lease had expired because of nonproduction following the expiration of the primary term.

On April 5, 1955, the State Highway...

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