Cross v. Shell Oil Co.

Mr. Judge Folley,

of the Commission of Appeals, delivered the opinion for the Court.

This cause is before us upon certified questions from the Court of Civil Appeals for the Second Supreme Judicial District. It involves the demand of the appellee, Shell Oil Company, Inc., against appellant, J. T. Cross, for the repayment of delay rentals which Shell was compelled to pay the State of Texas under the Relinquishment Act upon an oil and gas lease executed by Cross. Art. 5367, et seq., V. A. C. S.

On and prior to March 18, 1926, Cross was the owner of the soil of 640 acres of public school land in…