Rockcastle Gas Company v. Horn

Opinion of the Court by

Judge Richardson.

Reversing.

This appeal brings for review tbe pleadings, evidence, and instructions in tbe trial of an action in tbe Martin circuit court, wherein James Horn was plaintiff, and tbe Rockcastle Gras Company defendant.

In bis petition J ames Horn set out tbe execution and delivery by him to B. E. Cunningham and J. M. Ickes, a lease for oil and gas on tbe property therein described, which lease was dated October 1, 1926, and was assigned to tbe Rockcastle G-as Company on February 2, 1927. It is alleged that by tbe terms of tbe lease “tbe lessee was to pay tbe…