Osborn v. Texas Pac. Coal & Oil Co.
Court of Appeals of Texas
Error from District Court, Eastland Coun-, ty; Joe Burkett, Judge. Suit by Louis M. Osborn against the Texas Pacific Coal & Oil Company, in which John M. Winsett intervened. Judgment entered that plaintiff take nothing from defendant Oil Company and intervener lessor be decreed cancellation of oil lease, and the plaintiff brings error.
1Opinion
On Motion for Rehearing.
[5] It is insisted by plaintiff in error that neither intervener’s petition for a cancellation of the lease to plaintiff, Osborn, nor the evidence introduced in support thereof, was sufficient to warrant such a cancellation, in that there was an absence of any showing •that intervener was injured by the fraud practiced upon him by Osborn. The following authorities are cited to support that contention : Lemmon v. Hanley, 28 Tex. 220; Furneaux v. Webb, 33 Tex. Civ. App. 560, 77 S. W. 828, 20 Cyc. 13.
Those authorities announce the general rule that fraud practiced will…
2Cases cited5 opinions
- Stolte v. KarrenCourt of Appeals of Texas · 1916
- Sargent v. BarnesCourt of Appeals of Texas · 1913
- Kanaman v. HubbardCourt of Appeals of Texas · 1913
- Furneaux v. WebbCourt of Appeals of Texas · 1903
- Canales v. CanalesCourt of Appeals of Texas · 1916