Concord Oil Co. v. Alco Oil and Gas Corp.

387 S.W.2d 635 (1965)

CONCORD OIL CO., Petitioner,

v.

ALCO OIL AND GAS CORP., Respondent.

No. A-10041.

Supreme Court of Texas.

February 24, 1965.

Dodson, Duke & Branch, San Antonio, Black & Stayton, Austin, for petitioner.

Cox, Smith & Smith, San Antonio, for respondent.

ON MOTION FOR REHEARING

GRIFFIN, Justice.

The opinion heretofore rendered by this Court is withdrawn and the following substituted therefor:

Respondent, Alco, filed this suit in a district court of Bexar County, Texas, to recover from Concord the sum of $23,000.00 which Alco had paid Concord by virtue of a written contract between the…