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ROSTOCIL v. PHILLIPS PETROLEUM CO.

No. 46,589

210 Kan. 400 (1972)

502 P.2d 825

ROBERT ROSTOCIL, Appellant, v. PHILLIPS PETROLEUM COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed November 4, 1972.

Attorney(s) appearing for the Case

Stanley Krysl, of Hindman & Krysl, of Stockton, argued the cause, and D.A. Hindman, of the same firm, was with him on the brief for the appellant.

Edward Larson, of Hays, argued the cause and Norman W. Jeter, of Hays, and John L. Williford, of Bartlesville, Oklahoma, were with him on the brief for the appellee.

MEMORANDUM OPINION

Per Curiam:

The appellant, Robert Rostocil, owned a quarter section of land in Rooks County which was subject to a "Form 88-(Producers)" oil and gas lease, dated September 12, 1940, executed by the former owners of the land. The appellee, Phillips Petroleum Company, was the lessee.

The lease contained the following provision: "When requested by lessor, lessee shall bury his pipe lines below plow depth."

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