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SIDWELL OIL & GAS CO. v. LOYD

No. 51,440

230 Kan. 77 (1981)

630 P.2d 1107

SIDWELL OIL & GAS CO., INC., Appellee, v. JOHN H. LOYD, Appellant, v. FORBES, et al.; Third Party Defendants.

Supreme Court of Kansas.

Opinion filed July 17, 1981.

Attorney(s) appearing for the Case

Jack E. Dalton, of Dodge City, argued the cause and was on the brief for the appellant.

Larry D. Tittel, of Smyth & Tittel, of Ness City, argued the cause and was on the brief for the appellee.

Basil C. Marhofer, of Ness City, was on the brief for the third party defendants.

The opinion of the court was delivered by

FROMME, J.:

Sidwell Oil & Gas Co., Inc. brings this action to cancel an oil and gas lease held by John H. Loyd and to quiet its title to an oil and gas lease held on the NE/4 of Section 33, Township 16 south, Range 26, west of the 6th P.M. in Ness County, Kansas. After a trial to the court, the court held there was no meeting of the minds as to material terms when the lease was executed. The Loyd lease was cancelled...

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