Johnson v. Gurley
Texas Supreme Court
Appeal from McLennan county. Tried below before the Hon. X. B. Saunders. John JD. Johnson, appellant, entered into a contract with E. J. Gurley, one of the appellees, then acting as the agent of J. W. Lapslev and others claiming the Thomas de la Vega.elevenleagne grant of land opposite the city of Waco, wherein it was stipulated that appellant should remain upon the grant and hold it as the tenant of Lapsley and those claiming by community of interest with him, and that he…
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Appeal from McLennan county. Tried below before the Hon. X. B. Saunders. John JD. Johnson, appellant, entered into a contract with E. J. Gurley, one of the appellees, then acting as the agent of J. W. Lapslev and others claiming the Thomas de la Vega.elevenleagne grant of land opposite the city of Waco, wherein it was stipulated that appellant should remain upon the grant and hold it as the tenant of Lapsley and those claiming by community of interest with him, and that he would not yield the possession thereof to any adverse claimant. It was further stipulated that Johnson should reside upon…
1Opinion of the Court
Bonner, Associate Justice.
The gravamen of plaintiff’s action is an alleged forfeiture of the lease on the part of the' defendant by reason of the cutting of growing timber upon the land in controversy, in violation of the terms of the contract under which he held.
This involves the proper construction of that portion of the agreement which relates to the use of the timber, so as to ■determine whether it is a covenant between the parties, or a .condition, or a conditional limitation.
A.covenant is an agreement duly made between the parties to do .or not to do a particular act. (Taylor’s Land,…
2Cases cited1 opinion
- Brown's v. BraggIndiana Supreme Court · 1864
3Cited by26 opinions
- Waggoner Estate v. Sigler Oil Co.Texas Supreme Court · 1929
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Grubb v. McAfeeTexas Supreme Court · 1919
- Sirtex Oil Industries, Inc. v. EriganTexas Supreme Court · 1966
- Henshaw v. Texas Natural Resources FoundationTexas Supreme Court · 1949
21 more not listed; retrieve them via the Exa API.