Kansas Crude Oil & Gas Co. v. Kansas & Texas Oil, Gas & Pipe-line Co.

The opinion of the court was delivered by

Johnston, C. J.:

This was an action by the Kansas Crude Oil and Gas Company to recover $235.71 alleged to be due from The Kansas and Texas Oil, Gas and Pipeline Company, in which the plaintiff prevailed. The defendant appeals, and bases its claim of reversal upon an instruction given by the trial court.

It appears that in 1907 appellee was supplying and selling gas to consumers, and appellant desired to purchase gas from appellee but its main line did not reach appellant’s plant, being about four thousand feet away, and as appellant was in a hurry to…