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M & C OIL, INC., v. GEFFERT

No. 72,564

21 Kan. App. 2d 267 (1995)

M & C OIL, INC., Appellant, v. JANE GEFFERT, Appellee.

Court of Appeals of Kansas.

Opinion filed June 23, 1995.

Attorney(s) appearing for the Case

Kurt F. Kluin, of Chanute, for the appellant.

Robert V. Talkington, of Talkington & Chase, of Iola, for the appellee.

Before BRAZIL, P.J., LEWIS, J., and JAMES W. BOUSKA, District Judge, assigned.

LEWIS, J.:

M & C Oil Company, Inc., was the lessee and Jane Geffert was the lessor in a 1979 oil and gas lease. The lease contained a clause requiring the payment of a minimum royalty. This clause was inadvertently breached by the lessee. The trial court ordered the lease canceled as a result. The lessee appeals.

The lease in question was a Form 88 (Producer's) lease, and the form was altered by the parties. At the time of the trial, there was a producing...

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