Clark v. Holchak

POPE, Justice.

Appellant has appealed from the trial court’s order dismissing his cause -of action after sustaining a special exception and denying appellant an opportunity to amend his pleadings. The denial of the right to amend was ordered since the co-urt found no amendment was possible that would assert a theory for a cause of action consistent with the written instrument sued upon and certain sworn admissions.

Appellant in his petition alleged that he was the owner of a one sixty-fourth royalty under a royalty contract that contained a clause stating:

“It is further agreed and herein…