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

Kansas Court of Appeals
7 Kan. App. 2d 131 (1981)


Facts

Tomlinson Oil Company (Tomlinson) (defendant) possessed the natural gas rights to a particular gas field and conducted promising exploratory tests in estimating the amount of gas in the gas field; however, the gas reserves remained unproven until extraction. Tomlinson and Sunflower Electric Cooperative (Sunflower) (plaintiff) entered into an agreement in which Tomlinson promised to supply Sunflower a minimum of 3 million cubic feet of natural gas per day from a particular gas field. Shortly after the execution of the contract, Tomlinson was unable to deliver the minimum quantity of gas to Sunflower because the gas reserves of the field proved to be greatly overestimated. Sunflower purchased the remaining difference in the minimum quantity of gas from another gas supplier at a higher cost, and brought an action for the cost of the cover. The trial court held that Tomlinson was relieved under the doctrine of impossibility in that the gas field did not contain adequate gas reserves, and denied any damages to Sunflower.

Rule of Law

The rule of law is for members only. To access this section, please login or give Quimbee a try, it's free to get started.

Issue

The issue section is for members only and includes the dispositive legal issue in the case phrased as a question. To access this section, please login or give Quimbee a try, it's free to get started.

Holding and Reasoning (Herd, J.)

The holding and reasoning section is for members only and includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please login or give Quimbee a try, it's free to get started.

Here's why 10,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 7,515 briefs - keyed to 85 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now