Hickok Producing & Development Co. v. Texas Co.

HUTCHESON, Circuit Judge.

The suit, brought July 29, 1936, was to recover amounts due plaintiff as lessor for residue gas from its lease. The claim was that though obligated by its contract of lease, to pay to the Texas Company, %th of the price received by the defendant for the sale of residue gas, the defendant, on statements so designed and drawn as that plaintiff was deceived into believing that it was receiving pay for all of its residue gas sold, had paid it only % of its due, and that as a result of that deception, plaintiff did not discover, until a short while before the filing of the…