Ely v. Wichita Natural Gas Co.

*442The opinion of the court was delivered by

Mason, J.:

On the original hearing of this case a reversal was ordered on the ground that under the facts found by the trial court the defendant was justified in refúsing to accept and pay for the gas which was tendered it — That the detailed findings made the question whether the gas was merchantable, within the meaning of the contract, one of law, requiring an answer in the negative. (Ely v. Gas Co., 99 Kan. 236, 161 Pac. 649.) After a rehearing, and a full consideration of the additional arguments and briefs, .the court adheres to that conclusion,…