Legal Opinion

Benson v. Harrell

Court of Appeals of Texas

Decided May 15, 1959No. 16003PublishedCited by 10 opinions

1Opinion of the Court

MASSEY, Chief Justice.

This is a suit for attorneys’ fee. Plaintiffs, D. B. Benson et al., sought by one count to recover same as though it were a liquidated property in the nature of a 50% interest in overriding royalty .related to production under a certain oil and gas lease. The theory was that plaintiffs were entitled to recover the interest under and by virtue of a written contract of employment. In the alternative, plaintiffs sought by another count to recover on quantum meruit a judgment in money for the value of their services. Resisting the claim, the defendant O. A. Harrell filed a…

2Cases cited2 opinions

  1. Sparkman v. McWhirterCourt of Appeals of Texas · 1953
  2. Small v. LangCourt of Appeals of Texas · 1951

3Cited by10 opinions

  1. Truly v. AustinTexas Supreme Court · 1988
  2. Ryan v. ThurmondCourt of Appeals of Texas · 1972
  3. W & W OIL CO. v. Capps, Texas Court of Appeals, 12th District (Tyler)1990
  4. Kellum v. Pacific National Fire Ins. CompanyCourt of Appeals of Texas · 1962
  5. Houston Lumber Supply Company v. WockenfussCourt of Appeals of Texas · 1965

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