Kennedy & Mitchell, Inc. v. Anadarko Production Co.

The opinion of the court was delivered by

McFarland, J.:

This is a declaratory judgment action seeking a judicial determination of the effect of a “market-out” provision in a gas purchase contract. The district court held the contract was clear and unambiguous and that the defendant-purchaser’s actions in lowering the price paid for the gas were authorized by the contract. Plaintiff-seller appeals from the summary judgment entered in favor of the defendant-purchaser.

The facts pertinent to the controversy herein are not materially disputed and are set forth in the district court’s journal entry…