Lyons v. Kansas-Texas Petroleum Co.

The opinion of the court was delivered by

Hopkins, J.:

The action was to recover for breach of a written contract. Judgment was for the plaintiff, and the defendant appeals.

The plaintiff and others subscribed for and received participating operating certificates in a service station to be established at Lawreúce, Kan. The contracts provided that if the station was not established within six months the sum paid for the certificates should be returned. The station was not fully established within six months, and various of the certificate holders assigned their certificates to the plaintiff who…