Legal Opinion

De Flores v. Smith

Court of Appeals of Texas

Decided December 14, 1921No. 6637PublishedCited by 5 opinions

Appeal from District Court, Hidalgo County; Hood Boone, Judge. Suit by Eloisa Y. de Flores and another against Dayle L. Smith and others. From judgment for defendants and that a lease contract from plaintiffs to defendants should be reformed, plaintiffs appeal.

1Opinion of the CourtCobbs, J.

This suit is to remove the cloud upon title to certain lands situated in Hidalgo county, caused by an oil lease executed August 2, 1918, by appellant, on the ground that it was without consideration and void, and lapsed by its express terms at the end of two years from its date, unless extended further by the performance of a certain condition subsequent — that is by paying certain rents to extend the time for beginning the boring for a well.

The defense of appellees was that all terms of the contract had been performed and it was still in full force and effect. Appellees also sought to reform…

2Cases cited6 opinions

  1. Decker v. KirlicksTexas Supreme Court · 1919
  2. McCallister v. Texas Co.Court of Appeals of Texas · 1920
  3. Clutter v. Wisconsin Texas Oil Co.Court of Appeals of Texas · 1921
  4. Durham v. LuceCourt of Appeals of Texas · 1911
  5. Texas Co. v. CurryCourt of Appeals of Texas · 1921

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cherokee Water Co. v. ForderhauseCourt of Appeals of Texas · 1987
  2. Heard v. PrattCourt of Appeals of Texas · 1923
  3. Humphrys v. Skelly Oil Co.Court of Appeals for the Fifth Circuit · 1936
  4. Hill v. McIntyre Drilling Co.Court of Appeals of Texas · 1933
  5. Cherokee Water Co. v. ForderhauseCourt of Appeals of Texas · 1987

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