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FRANKLIN v. NORTHWEST DRILLING CO., INC.

No. 47,300

215 Kan. 304 (1974)

524 P.2d 1194

KENNETH FRANKLIN, Appellee, v. NORTHWEST DRILLING COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

Thomas J. Kerwin, of Hindry & Meyer, P.C., of Denver, Colorado, argued the cause, and John S. McGuire, of the same firm, and Keith R. Willoughby, of Lowe & Willoughby, of Colby, were with him on the brief for the appellant.

Edward Larson, of Jeter & Larson, of Hays, and Selby S. Soward, of Zuspann, Soward, Whalen & Burr, of Goodland, both argued the cause and were on the brief for the appellee, The Prudential Insurance Company of America, Assignee of the Judgment of Kenneth Franklin. James Milliken, of Milliken & Wilks, of St. Francis, was on the brief for Kenneth Franklin.

The opinion of the court was delivered by

FROMME, J.:

This action arose from an oral arrangement to drill and equip an irrigation well on land owned by the plaintiff Kenneth Franklin in Sherman County, Kansas. The defendant Northwest Drilling Co., Inc. undertook to drill and equip the well with knowledge that the financing for the well and equipment was dependent upon obtaining a 900 gallon well. Financing was furnished by Prudential Insurance Company after...

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