Plymouth Fertilizer Co., Inc. v. Balmer

STATON, Presiding Judge.

Plymouth Fertilizer Company, Inc. (Plymouth) appeals from a negative judgment which awarded LaVon and Eloise Bal-mer (Balmer) damages for conversion of natural gas. In this appeal the following issues were raised:

1) Did the trial court err by finding that the gas lease of April 25, 1962, was no longer valid;

2) Did the trial court err in valuing the converted gas;

3) Did the trial court err by denying Plymouth's motion to make "restitu tion in kind" by replacing the converted gas rather than paying its value; and

4) Did the trial court err in its award to Balmer for…