BENSON v. HARRELL

No. 16003.

324 S.W.2d 620 (1959)

D. B. BENSON et al., Appellants, v. O. A. HARRELL et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied June 12, 1959.


Attorney(s) appearing for the Case

Benson & Benson, Donald & Donald, and J. M. Donald, Bowie, for appellants.

Turner, Rodgers, Winn, Scurlock & Terry, and Lon Sailers, Dallas, for appellees.


MASSEY, Chief, Justice.

This is a suit for attorneys' fee. Plaintiffs, D. B. Benson et al., sought by one count to recover same as though it were a liquidated property in the nature of a 50% interest in overriding royalty related to production under a certain oil and gas lease. The theory was that plaintiffs were entitled to recover the interest under and by virtue of a written contract of employment. In the alternative, plaintiffs sought by another count to recover...

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