Commercial Asphalt, Inc. v. Smith

The opinion of the court was delivered by

Hatcher, C.:

This was an action to cancel an instrument in the nature of a mineral lease restricted to sand. The plaintiff also sought damages and injunctive relief.

This is the second lawsuit between the same parties. The previous action also involved an attempt to cancel the lease. (See Commercial Asphalt v. Smith, 196 Kan. 164, 409 P. 2d 796.) The present action involves alleged improper use of the lease by the defendants subsequent to the trial of the first litigation covering the years 1965 and 1966.

The plaintiff’s chief complaint is that the…