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CUMBERLAND CONTRACTING COMPANY v. COFFEY

405 S.W.2d 553 (1966)

CUMBERLAND CONTRACTING COMPANY, Appellant, v. Loraine COFFEY, Appellee.

Court of Appeals of Kentucky.

July 1, 1966.

Attorney(s) appearing for the Case

Bruce H. Phillips, Monticello, for appellant.

R. B. Bertram, E. G. Bertram, Jr., Bertram & Bertram, Monticello, for appellee.

C. WARREN EATON, Special Commissioner.

The appellee, owner of oil and gas rights in 410 acres of land in Wayne County, brought this action to cancel an oil and gas lease and to recover damages against the lessee. The lower court entered judgment ordering cancellation of the lease but denied the owner damages. The appeal is from that portion of the judgment cancelling the lease.

The lease was executed in November, 1945, for a period of five years with a provision...

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