Roome v. Sonora Petroleum Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiff prosecuted this action to recover a balance due him on the purchase price of oil and gas property and of casing sold to the defendant. Judgment was rendered in favor of the plaintiff, on each item, and the defendant appeals.

Special questions were answered by the jury as follows:

“1. Do you find that the plaintiff represented to the defendant that the two wells upon the leases in controversy were, on August 15,'1917, the date *634of the contract, making sixty-six barrels of oil per day as shown by the pipe line runs? A. No.

“2. Do…