Strong v. Sunray DX Oil Company

OPINION ON MOTION FOR REHEARING

NYE, Justice.

The original dissenting opinion is withdrawn and this opinion sustaining appellees’ motion for rehearing and affirming the judgment of the trial court is substituted therefor as the majority opinion of this Court.

This is an appeal by the plaintiff from the trial court’s directed verdict of no vacancy existing on defendant’s lands. A paramount issue involves the correctness of the directed verdict and therefore requires consideration from the viewpoint most favorable to appellant on all the evidence of probative value. The conclusions reached in this…