Ely v. Wichita Natural Gas Co.

The opinion of the court was delivered by

Mason, J.:

The Wichita Natural Gas Company is a corporation owning a pipe line extending from Cushing, Okla., on the south, to Hutchinson on the west and Iola on the east, through which it supplies a number of cities and towns and factories with natural gas. On May 24, 1913, it entered into a written contract with Bell Brothers & McDonald and Williams & O’Dell, by which on certain conditions it agreed to pay at the rate of three and one-half cents per thousand, feet for dry and merchantable gas to be furnished to it by them, the minimum amount to be…