Lone Star Gas Co. v. Harris

In my opinion the pleadings in this case will not support a judgment for plaintiff upon either .of the two causes of action attempted to he alleged. A judgment without such support is so fundamentally erroneous that it is our duty to take notice of it, even in the absence of an assignment of error. One cause of action, which plaintiff attempted to allege

was for a breach of the first covenant in the lease, set out in the majority opinion, which obligated the lessee to deliver to the lessor “the equal one-eighth part of all oil produced and saved from the leased premises.” No cause of action…