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HOUSER v. FRANK

No. 41,718

186 Kan. 455 (1960)

350 P.2d 801

H.A. HOUSER and E. REEDA HOUSER, husband and wife; HENRY A. BRUHN and BLANCHE A. BRUHN, husband and wife; L.L. FOSTER and PEARL FOSTER, husband and wife; WILLIAM EVITTS and EDITH V. EVITTS, husband and wife; CLARENCE W. SMITH and ISABELLE E. SMITH, husband and wife; GALE KIDD, a single man; LENA M. PETERSON, a single woman; HARRY E. BEESON and IDA BEESON, husband and wife, Appellees, v. BEN H. FRANK d/b/a FRANK OIL COMPANY, a Trust Estate, Tulsa, Oklahoma, and Frank Oil Company, a Trust Estate, Tulsa, Oklahoma, Appellant.

Supreme Court of Kansas.

Opinion filed April 9, 1960.

Attorney(s) appearing for the Case

Oren Gray, of Parsons, argued the cause, and was on the briefs for the appellants.

Clement H. Hall, of Coffeyville, argued the cause, and was on the briefs for the appellees.

The opinion of the court was delivered by

JACKSON, J.:

The appellees named in the caption brought a suit in the district court to cancel an oil, gas and mineral lease. Appellants were named as defendants. After a trial before the district court, the court entered judgment canceling the lease, and allowed plaintiffs the statutory sum of $100 and $300 for attorney fees, all as provided in G.S. 1949, 55-201 and 55-202.

The lease involved in this suit...

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