Hufstutler v. Grayburg Oil Co.

Appellant, A. A. Hufstutler, undertook to sell to the Grayburg Oil Company, appellee, an oil and gas lease upon 70 acres of land in Gray county, Tex., and in the contract of sale expressly represented that he was the then owner of the lease, and that said lease was unincumbered. As a matter of fact, however, the lease was then owned by one J. M. West, and was incumbered with a deed of trust lien in favor of third parties to secure a large indebtedness. Under the provisions of tne contract of sale, appellant was to furnish appellee with an abstract of title and tax statement “showing fee…