Dunham v. Stephens

OPINION

MASSEY, Chief Justice.

Morris L. Stephens, plaintiff, sued Ted F. Dunham, defendant, for damages for breach of contract to drill a well seeking oil or gas. Trial was to the court without a jury. Judgment was rendered for plaintiff for damages in the amount of $24,580.00. The defendant appealed, i

Reversed and rendered.

The cause of action stated in plaintiff’s petition was as follows: •

“II. On or about the twenty-second day of June, 1966, plaintiff and defendant entered into a certain written contract, whereby defendant agreed to take a Farm Out *958on land situated in Jack County, Texas, and…