Legal Opinion

Aggers v. Blackburn

Court of Appeals of Texas

Decided March 12, 1921No. 9523PublishedCited by 3 opinions

Appeal from District Court, Stephens County; W. R. Ely, Judge. Action by Ed Blackburn against W. A. Aggers. From a judgment for plaintiff, the defendant appeals.

1Opinion of the Court

DUNKLIN, J. W. A.

Aggers, defendant in the trial court, has appealed from a judgment in favor of Ed Blackburn, plaintiff, canceling a certain oil and gas lease on a tract of land-in Stephens county, executed by plaintiff in favor of the defendant.

The judgment rendered was predicated upon an instructed verdict in favor of the plaintiff, and the only question presented on this appeal is whether or not that instruction was warranted.

Plaintiff was the only witness who testified upon the trial. According to his testimony the defendant offered to take a lease on the land and to pay therefor the sum…

2Cases cited3 opinions

  1. Steffian v. Milmo National BankTexas Supreme Court · 1888
  2. Holt v. GordonTexas Supreme Court · 1915
  3. Benavides v. BenavidesCourt of Appeals of Texas · 1920

3Cited by3 opinions

  1. Coleman v. EastonTexas Commission of Appeals · 1923
  2. Pelican Oil & Gas Co. v. Edson Petroleum Co.Court of Appeals of Texas · 1939
  3. Wilbourn v. WilbournMississippi Supreme Court · 1948

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