Commercial Asphalt, Inc. v. Smith

The opinion of the court was delivered by

Hatcher, C.:

This action was brought for the purpose of having a sand lease declared unenforceable and the lessees removed from the leased premises.

The case was tried to the court on stipulated facts which will be summarized.

On February 20, 1954, Henry and Emma Koster, husband and wife, entered into a written agreement with the Rig Three Sand and Gravel Company which was executed by the defendant, Frank L. Smith. The agreement specifically described 40 acres in Sedgwick County, Kansas, and continued:

“Whereas, the party of the second part is desirous of…