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FISHER v. TOMLINSON OIL CO., INC.

No. 47,404

215 Kan. 616 (1974)

527 P.2d 999

L.B. FISHER, Appellee, v. TOMLINSON OIL CO., INC., Appellants.

Supreme Court of Kansas.

Opinion filed November 2, 1974.

Attorney(s) appearing for the Case

Allyn M. McGinnis, of El Dorado, argued the cause, and Louis W. Cates, of Wichita, was with him on the brief for the appellant.

J.B. McKay, of McKay and McKay, of El Dorado, argued the cause, and James B. McKay, Jr., of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This action is brought to recover damages for breach of a contract to drill an oil well. Essential facts are not in dispute. On August 16, 1971, the Union Gas System, Inc., and Field C. Benton, hereafter collectively referred to as Union Gas, owned oil and gas leases known as the Glasscock leases which covered two quarter sections of land in Elk County. On that date Union Gas entered into an agreement...

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