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MOZINGO v. COLLINS

No. 14518.

208 F.2d 397 (1953)

MOZINGO v. COLLINS.

United States Court of Appeals Fifth Circuit.

December 9, 1953.

Attorney(s) appearing for the Case

Fowler Roberts, Carter, Gallagher, Roberts, Jones & Magee, Dallas, Tex., for appellant.

Joseph M. Shelton, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.

HUTCHESON, Chief Judge.

The suit was for breach of a contract to buy for $3000 a one-fourth interest in a drilling venture consisting of oil, gas, and mineral leases on 1000 acres of land in Falls County, Texas.

The prayer was for recovery of $3000 as actual damages plus $6000 exemplary damages, or, in the alternative, (1) $4139.84 as the value of services rendered or (2) $3000 actual damages for breach of contract.

The claim was: that plaintiff had...

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