Kimble v. Independence Gas Co.

Citations

• 108 Kan. 697
• 196 P. 1063
• 1921 Kan. LEXIS 246

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Gas Distribution Plant — Contract to Furnish Gas to Certain Officers and Stockholders Free of Cost — Contract Unenforceable— Against Public Policy. Where the officers of a corporation negotiate a sale of its property, which includes a gas-distribution plant, and a supplemental contract is entered into between the buyer and a number of the stockholders, some of them being officers who participated in making the sale, by which as a part of the consideration he agrees to furnish them gas for domestic use free of cost, such supplemental contract is unenforceable because against public policy.</p> <p>2. Same — Contract Not Binding on Purchasers at Judicial Sale. Where one buys a gas-distributing plant and as a part of the consideration agrees to supply gas free of cost to certain individuals so long as he, his successors or assigns shall furnish gas to customers in the city, and such plant is sold at a judicial sale discharged of all debts and obligations of the former owner, the purchaser is not bound by the agreement to supply free gas, assuming it to have been valid between the parties.</p>