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ALL-AMERICAN OIL & GAS CO. v. CONNELLEE

No. 4281.

3 F.2d 107 (1924)

ALL-AMERICAN OIL & GAS CO. v. CONNELLEE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 31, 1925.

Attorney(s) appearing for the Case

Mike E. Smith, of Fort Worth, Tex. (Slay, Simon & Smith, of Fort Worth, Tex., on the brief), for plaintiff in error.

John Sayles, of Eastland, Tex., for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

WALKER, Circuit Judge.

This was an action by the defendant in error (herein called plaintiff) to recover damages for the breach of a written contract between him and the plaintiff in error (herein called defendant). By the contract sued on plaintiff assigned to defendant an oil and gas lease on a described 45-acre tract of land, subject to oil and gas royalties reserved to the lessor landowner and to plaintiff. That contract contained the following provisions:

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