Sunflower Electric Cooperative, Inc. v. Tomlinson Oil Co.

Herd, J.:

This is a breach of contract action in which the trial *132court relieved appellee of liability for breach under the doctrine of impossibility of performance. Sunflower Electric appeals.

Appellant, Sunflower Electric Cooperative, Inc., a member of the R.E.A. family, is a public utility in the business of generating electricity for wholesale to eight member cooperatives. Its main generating facility is located in Finney County. Appellee, Tomlinson Oil Company, Inc., is a corporation involved in oil and gas production. It owned a number of oil and gas leases in an area known as the Stranger…