Legal Opinion

Latham v. Kistler

Court of Appeals of Texas

Decided July 10, 1921No. 9644. [fn*]PublishedCited by 8 opinions

Appeal from District Court, Wichita County ; Edgar Scurry, Judge'. Suit by W. H. Latham and. others against E. L. Kistler and the Producers’ & Refiners’ Corporation. After plaintiffs dismissed as to the corporate defendant, judgment was rendered for defendant Kistler, and plaintiffs appeal.

1Opinion of the Court

* Writ of error granted February 22, 1922. W. H. Latham, C. W. Culp, J. P. Barkley, and W. R. Meadows instituted this suit against E. L. Kistler to recover damages for the breach of a contract in writing made by Kistler to sell the plaintiffs an oil and gas lease on ten acres of land in Wichita county. It was alleged that the contract was made in the name of the defendant Kistler, who owned the lease which he contracted to sell. But, in an alternative plea, it was alleged that, if Kistler did not himself own the lease at the time, the legal title to the same was in him as trustee for the use…

2Cases cited15 opinions

  1. Swain v. SeamansSupreme Court of the United States · 1870
  2. Thomas v. HammondTexas Supreme Court · 1877
  3. Morris v. GainesTexas Supreme Court · 1891
  4. Simpson v. GreenTexas Commission of Appeals · 1921
  5. Fulton v. RobinsonTexas Supreme Court · 1881

10 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Kistler v. LathamTexas Commission of Appeals · 1923
  2. Community Natural Gas Co. v. Northern Texas Utilities Co.Court of Appeals of Texas · 1928
  3. Gatewood v. GravesCourt of Appeals of Texas · 1922
  4. Waggoner v. Magnolia Petroleum Co.Court of Appeals of Texas · 1923
  5. Denny v. White House Lumber Co.Court of Appeals of Texas · 1941

3 more not listed; retrieve them via the Exa API.

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