Boyd v. Tipton

MONTGOMERY,. Judge.

James L. and Katie Jo Boyd seek an order prohibiting Woodard C. Tipton, Judge, Ballard Circuit Court, from permitting Phillips Petroleum Company to file an amended answer in an action styled Boyd et al. v. Phillips Petroleum Company.

The Boyds executed a lease dated June 13, 1958, in favor of Phillips Petroleum Company. The property was used as a service station. The Boyds sued to collect past due rent. Phillips, by answer and counterclaim, sought to cancel the lease based on paragraph 3 of the main lease. Summary judgment was granted upholding Phillips’ construction of…