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JOHNSON v. COONS

No. 5242.

29 F.2d 670 (1928)

JOHNSON et al. v. COONS et al.

Circuit Court of Appeals, Fifth Circuit.

December 11, 1928.

Attorney(s) appearing for the Case

T. R. Boone, of Wichita Falls, Tex. (C. W. Johnson, Jr., of Graham, Tex., and John B. King and Bullington, Boone, Humphrey & King, all of Wichita Falls, Tex., on the brief), for plaintiffs in error.

G. B. Smedley, of Wichita Falls, Tex. (Fred Arnold, of Graham, Tex., and John C. Kay, J. W. Akin, and G. B. Smedley, all of Wichita Falls, Tex., on the brief), for defendants in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

On July 1, 1925, appellants executed to appellees an oil and gas lease covering two separate tracts of land, one containing 19 acres, and the other containing 6 acres. On the same date the parties entered into a separate written contract, which recited the execution of the lease, stated that a consideration for the lease was that appellees were to immediately commence the drilling of a well for oil and gas on land, called the Scarborough land...

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