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JERRY L. PHILLIPS, INC. v. RATLEY

No. 51,514

6 Kan. App. 2d 157 (1981)

627 P.2d 339

JERRY L. PHILLIPS, INC., Plaintiff-Appellee, v. GARY M. RATLEY, d/b/a MARSHALL PETROLEUM COMPANY, Defendant-Appellant.

Court of Appeals of Kansas.

Opinion filed May 1, 1981.

Attorney(s) appearing for the Case

Jean Oliver Moore, of Wichita, for appellant.

John N. Sherman, of Sherman & Rubow, Chartered, of Chanute, for appellee.

Before FOTH, C.J., presiding, TERRY L. BULLOCK, District Judge, and FREDERICK WOLESLAGEL, District Judge Retired, assigned.

BULLOCK, J.:

Gary M. Ratley owned an oil and gas lease north of Iola, Kansas, known as the "Latta" lease. In connection with the development of this lease, Ratley employed Jerry L. Phillips, Inc., to drill and equip two new wells, to obtain "core samples" in connection with the drilling of these wells, and to "wash down" two additional wells. Regrettably, the two new wells turned out to be "dry holes" and when Phillips billed Ratley for the work, payment, like the...

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