Johnson v. Peckham

Mr. Judge Hickman,

of the Commission of Appeals, delivered the opinion for the Court.

A full and clear statement of the case was made in the opinion of the Court of Civil Appeals, reported in 98 S. W. (2d) 408. That court reversed the judgment of the trial court and remanded the cause for another trial. Since we have concluded that it entered the correct judgment, and that the case must be retried, it is not thought that a full restatement is necessary or desirable in this opinion.

Peckham and Johnson were operating two oil and gas leases, owning equal shares in the leases and sharing equally…