Anderson v. Armour & Company

The opinion of the court was delivered by

Price, C. J.:

This is an action by lessees against their lessor for damages resulting from the alleged breach of the written lease agreement.

Judgment was for plaintiff lessees, and defendant lessor has appealed.

The decisive question in the case involves the interpretation and enforceability of one provision of the lease.

For a number of years prior to 1963 the Santa Fe Railway was the owner of a 40-acre tract of land just west of Emporia adjacent to its railroad tracks. The south 3 or 4 acres were used by the Santa Fe in its operations. The remainder of…