Kelly v. Simon

This suit was brought by appellant to recover $34,000, from appellees, as damages growing out of an alleged breach of a contract of sale of an undivided one-eighth of one-eighth interest, in and to all of the oil, gas, and other minerals in, under, and that may be produced from, those cer-' tain described lands situated in Eastland county, and set out in the pleadings and the contract of sale.

The contract of sale, which is the basis of this suit, and which is necessary for an understanding of the real issues in the ease, leaving out the formal portions and description of the lands, is as…