YOUNG, Justice.
The suit was brought under art. 4004, Vernon's Ann.Civ.St., providing for damages resultant upon fraudulent land sales. The subject matter was oil royalty acreage lying in Coke County; the purchase being allegedly based on material misrepresentations made by appellant Bryant. On trial and answers to special issues, plaintiff Stohn recovered judgment for $25,001.20 actual and $5,000 exemplary damages, from which court action this appeal is prosecuted...
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