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ZEPHYR OIL CO. v. CUNNINGHAM

No. 15479.

265 S.W.2d 169 (1954)

ZEPHYR OIL CO. v. CUNNINGHAM.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 26, 1954.

Attorney(s) appearing for the Case

Bullington, Humphrey, Humphrey & Fillmore, and Lee Humphrey, Wichita Falls, for appellant.

Nelson, Montgomery, Robertson & Sellers and Stayton M. Bonner, Wichita Falls, for appellee.

MASSEY, Chief Justice.

Joe P. Cunningham, as plaintiff, brought suit against Zephyr Oil Company to construe and enforce an assignment of an oil and gas lease in which he was the grantor, in the alternative suing for reformation of such assignment and for its enforcement as reformed. The enforcement sought was against the grantee for a proportion of such defendant's collection of money for gas marketed from the leased property. The trial court reformed the contract...

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