Fender v. Farr

LINCOLN, Justice.

Appellant instituted this suit in Bowie County, Texas, to recover the consideration alleged to have been paid by him to appellee for an oil, gas and mineral lease on lands situated in Panola County, Texas. Appellee introduced no evidence, and at the conclusion of appellant’s case the court instructed the jury to return a verdict for the appellee, whereupon the court entered a “take nothing” judgment against appellant.

The appellant’s petition purports to be in two counts. However, the material allegations in each count are substantially the same, that is: That on or about…