Witherspoon Oil Co. v. Randolph

We refer to the opinion of the honorable Court of 'Civil Appeals (291 S. W. 587) for a general statement of the case.

Randolph and his surety averred that With-erspoon, president of the company, during the negotiations represented that “an existing water well near the 80-aere lease upon which the* 2,710-foot well was located (about 2,500 feet away) would furnish an adequate supply of water for the purpose,” it being “mutually understood that a plentiful supply of water was indispensable,” and that Randolph “knowing that said Witherspoon had occasion to have information upon the subject,…