Geyer v. Ortiz Oil Co.

On Motion for Rehearing.

Defendant contends that in no event are plaintiffs entitled to recover at a higher rate than 50‡ per barrel for the illegal oil so produced, because the jury found the average reasonable cash market value of illegally produced or “hot” oil to be 50‡ per barrel. We do not sustain this contention. Sharp et al. v. Beacon Oil & Refining Co. et al., Tex.Civ.App., 108 S.W.2d 870. In our original opinion we concluded that the market value of .this illegally produced oil was $1 per barrel. The oil was produced from the same wells and at the same time. Defendant sold all the…