Thompson v. Phillips Pipe Line Co.

The opinion of the court was delivered by

Fatzer, J.:

This is an appeal from an order of the district court of Cowley County sustaining defendant’s motion to dismiss for failure to state a claim upon which relief can be granted. (K. S. A. 60-212 [b] [6].)

The material facts are not in dispute. On February 18, 1933, the plaintiff’s predecessors in title executed two right of way contracts in favor of the Independent Pipe Line Company by granting it the right of easement across the following described realty located in Cowley County: The East Half of Section 5, Township 32 South, Range 8 East, and…