Legal Opinion
Rushing v. Mayfield Co.
Court of Appeals for the Fifth Circuit
Decided December 22, 1932No. 6572PublishedCited by 4 opinions
1Opinion of the Court
SIBLEY, Circuit Judge.
S. P. Rushing, joined by J. C. Falvey as part assignee, sought specific performance or in the alternative damages as at law, from the Mayfield Company and others holding under it with notice, of a contract touching the lease of Texas oil lands. The suit was dismissed on motion, and this appeal was taken.
The written contract, dated October 3, 1930, is signed by both parties. Briefly stated, its terms here material are these: The Mayfield Company having signed a lease to Rushing for a consideration to be paid of $19,000, the lease and $2,000 of the consideration are…
2Cases cited3 opinions
- Kelsey v. CrowtherSupreme Court of the United States · 1896
- Tilton v. Sterling Coal & Coke Co.Utah Supreme Court · 1904
- Mandeville & Thompson, Inc. v. Danciger Oil & Refining Co.Court of Appeals for the Fifth Circuit · 1932
3Cited by4 opinions
- R. Olsen Oil Co. v. Fidler. Fidler v. R. Olsen Oil CoCourt of Appeals for the Tenth Circuit · 1952
- Bauer v. TaylorCourt of Appeals of Texas · 1938
- McIntosh v. LeiskCourt of Appeals for the Fifth Circuit · 1938
- R. Olsen Oil Co. v. Fidler. Fidler v. R. Olsen Oil CoCourt of Appeals for the Tenth Circuit · 1952