Legal Opinion

Van Every v. Peterson

Court of Appeals for the Fifth Circuit

Decided February 14, 1928No. 4974PublishedCited by 1 opinion

1Opinion of the Court

FOSTER, Circuit Judge.

Plaintiff in error, also plaintiff below, brought suit to recover damages of $5,000 for breach of contract growing out of an oil lease, by which he was to receive that amount in oil produced. The petition was dismissed on an exception of no cause of action.

The petition in substance alleges as follows : Plaintiff whs the owner of a leasehold estate of 50 acres of land in Wichita county, Texas, and the owner of seven-eighths of the oil and gas underlying same. On November 27, 1925, he sold the oil and gas to defendants by written agreement in consideration of $2,250 in…

2Cases cited5 opinions

  1. Grubb v. McAfeeTexas Supreme Court · 1919
  2. W. T. Waggoner Estate v. Sigler Oil Co.Texas Commission of Appeals · 1926
  3. Greenwood Tyrrell v. HelmCourt of Appeals of Texas · 1924
  4. United Central Oil Corporation v. HelmCourt of Appeals for the Fifth Circuit · 1926
  5. Simms Oil Co. v. ColquittCourt of Appeals of Texas · 1926

3Cited by1 opinion

  1. Ebberts v. Carpenter Production Co.Court of Appeals of Texas · 1953

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