Tamko Asphalt Products, Inc. v. Fenix

STONE, Presiding Judge.

This is a suit by plaintiff, Tamko Asphalt Products, Inc. (hereinafter called Tamko), to enjoin defendant, G. J. Fénix, from interfering with Tamko’s exercise of its alleged right to enter upon land presently owned by Fénix and to remove therefrom the remainder of a chat pile. Whether Tamko has such right depends upon construction of a written contract (hereinafter referred to as the contract) executed under date of August IS, 1945, on behalf of Jasper County Royalty Company (Fénix’ grantor) and E. L. Craig (Tamko’s assignor). By the contract, the Royalty Company sold…