Simms Oil Co. v. Flewellen

Mr. Presiding Judge Harvey

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

This is an action for damages, alleged to have been suffered by the defendants in error, T. J. Flewellen and others on account of the breach, by the Simms Oil Company and • others, of an implied covenant contained in an oil lease to develop the leased premises, with reasonable diligence, after the discovery of oil on said tract of land. The suit was instituted in February, 1936, and came on for trial in November, 1938, and on the 4th day of that month the trial court sustained a general exception to the…