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THOMAS v. GORDON

No. 6546.

285 S.W.2d 829 (1955)

Golden T. THOMAS et al., Appellants, v. W. K. GORDON, Jr., Appellee.

Court of Civil Appeals of Texas, Amarillo.

December 31, 1955.

Attorney(s) appearing for the Case

James W. Witherspoon, John D. Aikin, Wayne E. Thomas and Earnest L. Langley, Hereford, for appellants.

Maurice Cheek, Fort Worth, Underwood, Wilson, Sutton, Heare & Boyce, Amarillo, for appellee.

MARTIN, Justice.

This is an appeal from a summary judgment granted on the pleadings filed in the cause. On October 22, 1919, appellants executed an oil and gas lease to Texas Pacific Coal and Oil Company for a five year primary term, and the "company agreeing to pay therefor the sum of $1 per acre annually in advance." This payment was treated by all parties as rental. On the same date, appellants executed and delivered to W. K. Gordon, Sr., the father of appellee...

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