Fagg v. Texas Co.

The appellant brought the suit seeking to enforce specific performance of an alleged written agreement made on November 26, 1929, by the appellánt and J. A. Bracken and Rhoda Bracken whereby, upon certain contingencies, J. A. Bracken and Rhoda Bracken were to execute to appellant a lease upon land to prospect and bore wells for gas and oil, with the right to seven-eighths of all the oil and gas discovered.

The trial court sustained a general demurrer to the petition, and the appeal is to revise that ruling of the court.

The written lease agreement alleged and sought to be enforced reads:

“That…