Rudco Oil & Gas Co. v. Gulf Oil Corp.

BLAIR, Justice.

Rule 37 case. The Commission granted the application of appellant Rudco Oil & Gas Company for a permit to drill well No. 4, the fourth well on its Morse 5-acre lease in Rusk County, Texas, “to prevent confiscation of property.” Appellee Gulf Oil Corporation appealed from the permit order, contending that the well was not necessary to prevent confiscation of property. At the conclusion of all the evidence and upon its own motion, the trial court withdrew the case from the jury and rendered judgment cancelling the permit order and enjoining production of oil from the well.

The…