Hart v. Moore

BOYD, Chief Justice.

In 17 points, appellants Glenn Hart, Joyce Hart, Ceres Corporation, and Rusty Acres, Inc. contend the judgment in favor of appel-lee Gavin Moore must be reversed. For reasons we later discuss, we reform the judgment and as reformed, affirm it.

This suit arose out of five 1994 farming contracts between appellee, as lessee, and appellants as lessors. In October 1994, ap-pellee sued appellants claiming they had misrepresented the available water flow on the lands covered by the contracts and, because of that insufficient water flow, appellee was unable to properly utilize the…