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RENNER v. MONSANTO CHEMICAL CO.

No. 41,785

187 Kan. 158 (1960)

354 P.2d 326

H.L. RENNER and WILMA RENNER, His Wife, and M.J. RENNER, Appellees, v. MONSANTO CHEMICAL COMPANY, a Corporation, and LION OIL COMPANY, a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed August 4, 1960.

Attorney(s) appearing for the Case

Gerald Sawatzky and George B. Powers, of Wichita, argued the cause, and Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Anthony T. Dealy, Donald L. Cordes and Robert L. Howard, all of Wichita, and Wayne McCaslin, of Stockton, were with them on the briefs for appellants.

D.A. Hindman, of Stockton, argued the cause, and Stanley Krysl, of Stockton, was with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This was an action by the landowners to cancel an oil and gas lease on a 20-acre tract of a quarter section leasehold for violation of the implied covenants to fully develop the premises and to protect it against drainage by wells on adjoining land. Trial was by the court which found in favor of the plaintiffs. An alternative decree was entered giving the defendants, Monsanto Chemical Company, a Corporation...

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