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TEXAS CO. OF MEXICO, S. A. v. ROOS

No. 5245.

43 F.2d 1 (1930)

TEXAS CO. OF MEXICO, S. A., v. ROOS et al. ROOS v. TEXAS CO. OF MEXICO, S. A., et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied September 27, 1930.

Attorney(s) appearing for the Case

T. J. Lawhon, of Houston, Tex., Howard Templeton and S. J. Brooks, both of San Antonio, Tex., and C. B. Ames, of Oklahoma City, Okl., for Texas Co. of Mexico, S. A.

R. L. Batts, of Austin, Tex., and J. B. Lewright, of San Antonio, Tex., for Edward Roos.

Thos. B. Blanchard, of Houston, Tex., and Claude V. Birkhead, of San Antonio, Tex., for Lane, Wolters & Storey.

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.

BRYAN, Circuit Judge.

We come now to dispose of the various contentions of the parties.

As to the accounting. In our opinion the contract as written did not confer upon the Mexican company, as assignee of Brooks, the right to take over the oil and account to Roos on the basis of its value at the wells. In several places the contract speaks of accounting for all oil produced at the prices realized upon sales, but never once of an accounting upon any other basis...

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