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VONFELDT v. HANES

No. 44,444

196 Kan. 719 (1966)

414 P.2d 7

PETE G. VONFELDT, Appellee, v. CHARLES L. HANES, Appellant.

Supreme Court of Kansas.

Opinion filed May 7, 1966.

Attorney(s) appearing for the Case

Jan. G. Banker, of Russell, argued the cause, and Harold W. McCombs, of Russell, was with him on the briefs for appellant.

Clifford R. Holland, Jr., of Russell, argued the cause, and Marvin E. Thompson, George W. Holland and Mark Arthur, Jr., of Russell, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

This was an action by the landowner to cancel an oil and gas lease for violation of the implied covenant to reasonably develop the lease. Trial was by the court which made findings of fact and conclusions of law and rendered judgment in favor of the plaintiff. A decree was entered cancelling the north 40 acres of the defendant's 80-acre oil and gas lease unless the defendant commenced operation for the...

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