Gibson v. Texas Co.
Court of Appeals of Texas
Appeal from District Court, Harrison County; Cary M. Abney, Special, Judge. Action by Barrett Gibson against the Texas Company to recover damages for a breach of a written contract. Judgment for defendant, and plaintiff appeals. The action is one for damages brought by the appellant in his own behalf against the appellee for alleged breach of a written contract.
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Appeal from District Court, Harrison County; Cary M. Abney, Special, Judge. Action by Barrett Gibson against the Texas Company to recover damages for a breach of a written contract. Judgment for defendant, and plaintiff appeals. The action is one for damages brought by the appellant in his own behalf against the appellee for alleged breach of a written contract. According to the terms of the contract, the appellee “agrees to drill the 2,572 acres, more or less, owned by the said Mattie M. Gibson, for oil or gas.” And the petition alleges: (1) That the appellee started a well on the land, but…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] Appellant asked and the court refused to give the peremptory instruction:
“You will return a verdict for the plaintiff for the reasonable cost at the time the contract was breached, about April 1, 1920, of drilling to completion a well for gas or oil on the said Mattie M. Gibson land.”
It was not error to refuse, it is believed, to give the instruction. By the contract in suit, as it is expressed in writing, the Texas Company obligated itself “to drill the 2,572 acres, more or less, owned by said Mattie M. Gibson, for oil or gas.’!
Appellant was neither…
2Cases cited4 opinions
- North Healdton Oil & Gas Co. v. SkelleySupreme Court of Oklahoma · 1916
- G. A. Kelly Plow Co. v. LondonCourt of Appeals of Texas · 1910
- Magnolia Warehouse & Storage Co. v. Davis & BlackwellCourt of Appeals of Texas · 1913
- Jaehnig v. StateCourt of Criminal Appeals of Texas · 1909
3Cited by7 opinions
- Kirkwood & Morgan, Inc. v. RoachCourt of Appeals of Texas · 1962
- Houston Nat. Exch. Bank v. ChapmanCourt of Appeals of Texas · 1924
- Texas Pac. Coal & Oil Co. v. BarkerCourt of Appeals of Texas · 1923
- Reynolds v. McMan Oil & Gas Co.Court of Appeals of Texas · 1926
- De Lange v. OgdenCourt of Appeals of Texas · 1937
2 more not listed; retrieve them via the Exa API.