Lawrence v. JM Huber Corporation

WILSON, Justice.

Appellant’s sole point is that the trial court erred in allowing appellee a recovery by a declaratory judgment action of delay rentals paid to appellant under an oil and gas lease. The case was decided on motion for summary judgment under which the parties agree that the allegations in ap-pellee’s pleadings are taken as true. The parties simplify the issue of law: whether the payment made by appellee, under undisputed facts, was paid under duress, as he contends; or was a voluntary payment, as appellant claims.

Material allegations are that on September 10, 1957 appellant…