C. Graham Pembroke, Plaintiffs-Appellees-Cross v. Gulf Oil Corporation, Defendant-Appellant-Cross (Two Cases)

THORNBERRY, Circuit Judge:

Gulf in the instant case appeals from a judgment of the district court entered in Pembroke’s favor for $248,657.00. Liability was based on Gulf’s breach of contract in flooding Pembroke’s land in excess of certain contract rights granted. Finding Gulf to have hit home on but one of its points in this appeal, which is as water-logged as Gulf’s right of way, we affirm in part and reverse in part.

The facts, as found by the district court and supported by substantial evidence, are as follows. In 1963, Pembroke granted to Gulf a right of way 100 feet in width across two…