Kaiser v. Newsom

SPEER, Justice.

F. A. Kaiser and Steve Fette, as plaintiffs, sued Frank C. Newsom, hereinafter referred to as defendant, in the district court of Cooke county, Texas, to recover a certain oil and gas lease, subject to the payment by plaintiffs to defendant of the amount the latter paid for it, and that defendant be held to be a trustee holding said lease for the use and benefit of plaintiffs.

Plaintiffs’ third amended petition, upon which the case was tried,' discloses their cause of action, in substance, to be as follows: That during the latter part of February, 1936, they contracted to…