Cummins and Walker Oil Co. v. Smith

OPINION

REEVES, Chief Justice.

This appeal arises out of a suit for specific performance of certain letter agreements, declaratory relief, and an accounting. Plaintiffs, appellees, claimed that Cummins & Walker Oil Co., Inc., appellants, breached certain letter agreements between the parties in which Cummins & Walker promised to assign to each of the plaintiffs an after payout working interest. Cummins & Walker interposed limitations, and counterclaimed for a declaratory judgment and attorney’s fees.

Cummins & Walker’s only defense was an alleged limitations bar. The case was submitted to the…