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WEINER v. WILSHIRE OIL CO.

No. 43,344

192 Kan. 490 (1964)

389 P.2d 803

CARL WEINER and HOWARD BOWKER, Administrator of the Estate of John G. Kienzle, Deceased, Appellees, v. WILSHIRE OIL COMPANY OF TEXAS, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed March 7, 1964.

Attorney(s) appearing for the Case

K.W. Pringle, Jr., of Wichita, argued the cause, and L.H. Cable, of Chanute, George B. Collins, Oliver H. Hughes, Robert Martin, William F. Schell, Laverne Morin, Robert M. Collins and William L. Oliver, all of Wichita, and Thomas M. Burns, of Denver, Colorado, were with him on the brief for the appellant.

Joe F. Balch, of Chanute, argued the cause, and Robert L. Briley, also of Chanute, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action for a declaratory judgment to construe the terms of a written contract for the sale of several oil and gas leases. The defendant has duly perfected an appeal from a judgment decreeing that the plaintiffs are the owners of a 1/7th of 7/8ths overriding royalty interest in the oil and gas leases and ordering the defendant to account to the plaintiffs...

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