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MARTIN v. EDWARDS

No. 47,924

219 Kan. 466 (1976)

548 P.2d 779

WILLIAM F. MARTIN, Appellant, v. R.M. EDWARDS, Appellee, and SIDNEY A. MARTIN (Defendant).

Supreme Court of Kansas.

Opinion filed April 10, 1976.

Attorney(s) appearing for the Case

Hugh D. Mauch, of Keenan, Mauch and Keenan, P.A., of Great Bend, argued the cause and was on the brief for the appellant.

Jerry M. Ward, of Great Bend, argued the cause, and Don C. Foss and Thomas J. Berscheidt, both of Great Bend, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an action brought by one allegedly owning a "carried interest" to determine his rights in certain oil and gas leases principally located in Rice and Ellsworth counties and for an accounting of the proceeds of those leases from the lessee. Trial to the court resulted in a judgment for the latter from which plaintiff has appealed. The principal issue is whether plaintiff became a third party beneficiary...

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