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AUSTIN ROAD CO. v. BOSTON

No. 3241.

292 S.W.2d 373 (1956)

AUSTIN ROAD COMPANY, Appellant, v. John H. BOSTON et ux., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied August 3, 1956.

Attorney(s) appearing for the Case

Edwin A. Nesbitt, Dallas, Thompson & Stripling, Nacogdoches, for appellant.

Robert K. Ramsey, Terrell, for appellees.

GRISSOM, Chief Justice.

Boston and wife sued Austin Road Company and R. W. McKinney for damages to 37.9 acres of land caused by actions of the defendants under an option and a lease of said land to Austin for the purpose of exploring for and mining stone. Plaintiffs alleged that Austin obtained an option to lease said land for mining stone; that it exercised the option and the Bostons executed such a lease; that the purpose of the option was to "explore" the premises...

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