Amend v. Sealy & Smith Foundation for John Sealy Hospital

LUMPKIN, Justice.

Among the properties owned by the appellee, The Sealy & Smith Foundation for the John Sealy Hospital, a charitable corporation organized for the purpose' of supporting and maintaining the John Sealy Hospital of Galveston,. Texas, is Section 3, Block 3, H. & G. N. Ry. Co. Survey, situated in Hansford County, Texas. With the exception of some 113 acres, which was broken out sometime in the ’30s, this was a grass section.

In October, 1940, the appellant, J. D. Amend, obtained from the appellee a three year pasture lease on Section 3. Among the terms of the lease was a provision…