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RUSHING v. MAYFIELD CO.

No. 6572.

62 F.2d 318 (1932)

RUSHING et al. v. MAYFIELD CO. et al.

Circuit Court of Appeals, Fifth Circuit.

December 22, 1932.

Attorney(s) appearing for the Case

W. T. Saye, of Longview, Tex., for appellants.

Claude McCaleb, of Houston, Tex., H. E. Lasseter, Gordon Simpson, and W. F. Weeks, all of Tyler, Tex., Oswald S. Parker, of Beaumont, Tex., and Paul A. McDermott, of Fort Worth, Tex., for appellees.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

S. P. Rushing, joined by J. C. Falvey as part assignee, sought specific performance or in the alternative damages as at law, from the Mayfield Company and others holding under it with notice, of a contract touching the lease of Texas oil lands. The suit was dismissed on motion, and this appeal was taken.

The written contract, dated October 3, 1930, is signed by both parties. Briefly stated, its terms here material are these: The Mayfield...

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