EBENSBERGER v. SINCLAIR REFINING CO.

No. 12155.

165 F.2d 803 (1948)

EBENSBERGER et al. v. SINCLAIR REFINING CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 15, 1948.


Attorney(s) appearing for the Case

J. B. Lewright, of San Antonio, Tex., for appellants.

Alfred McKnight and Sloan Blair, both of Fort Worth, Tex., and W. R. Smith, Jr., of San Antonio, Tex., for appellees.

Before HUTCHESON, McCORD, and LEE, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellee, plaintiff below, alleging that the tract was worth in excess of $7500, the agreed contract price for it, brought this suit against appellants, defendants below, for specific performance.

The petition alleged: that plaintiff had on May 4, 1937, leased the land from defendants' predecessors in title under a written lease for a term of 13 years, one of the provisions of which gave plaintiff an option during the term of the...

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