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MONFORT v. LAYTON

No. 48,725

1 Kan. App. 2d 622 (1977)

571 P.2d 80

ROY C. MONFORT and BETTY L. MONFORT, Appellants, v. R.M. LAYTON, WM. DOUGLAS LAYTON and CLYDE G. LAYTON D/B/A LAYTON OIL COMPANY, and LAYTON OIL COMPANY, a Corporation, Appellees.

Court of Appeals of Kansas.

Opinion filed September 30, 1977.

Attorney(s) appearing for the Case

Orville J. Cole, of Garnett, and Stanley E. Toland, of Toland and Thompson, of Iola, for the appellants.

Ross E. Borders, of Independence, for the appellees.

Before FOTH, P.J., ABBOTT and REES, JJ.

FOTH, J.:

This is an action for salt water damage to plaintiffs' crops caused by oil drilling operations on plaintiffs' Allen county land. The action was based on a 1964 letter from defendants setting forth the agreed method for determining plaintiffs' loss each year and agreeing to pay it; the action was not based on any claim of negligence in defendants' operations as lessees. The trial court awarded damages for each year until the underlying lease expired in 1974...

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