Simms Oil Co. v. Rutledge

Mr. Judge GERMAN

delivered the opinion of the Commission of Appeals, Section A.

All controverted questions in this case except one have been eliminated. The statement will therefore be very concise.

On December 15, 1924, defendant in error, T. E. Rutledge, who will be referred to as defendant, executed a lease to M. G. Brock covering certain property in the town of Childress. This lease was to continue for ten years from April 14, 1925. .Upon this property a building was erected and for sometime Brock conducted in said building and on said property a filling station business. In conducting said…