Thomas v. Chapman

Opinion by

ESTES, C.

Parties appear in the same order as in the trial court. Plaintiff. Thomas, owned certain real estate in Comanche county, Tex., on which he had executed an oil and gas mining lease to the Empire Gas & Fuel Company. He had arranged with an attorney, Callaway, to bring an action to cancel said lease. Defendant, Chapman, desiring to purchase leases in that vicinity, was advised by Callaway that Thomas owned said lan-d and that said lease to the Empire was void. Thereupon, plaintiff and defendant, on February 14, 1919, entered into a contract whereby the former agreed to sell,…