DURBIN BOND & CO. v. GILLIS

No. 16397.

242 F.2d 176 (1957)

DURBIN BOND & CO., Inc., Appellant, v. Mrs. Lucille B. GILLIS, Widow of Alfred Gillis, and Roy M. Watson, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 12, 1957.


Attorney(s) appearing for the Case

Elias Goldstein, Shreveport, La., Leonard B. Levy, New Orleans, La., for appellant.

J. B. Miller, David J. Conroy, New Orleans, La., Milling, Saal, Saunders, Benson & Woodward, New Orleans, La., for Mrs. Lucille B. Gillis and Roy M. Watson, plaintiffs-appellees.

Before RIVES, TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment by the trial court without a jury in favor of the plaintiffs who sought damages from the defendant, as lessee under an oil lease on eighty acres of land for the failure of lessee to drill a well in search for oil or gas, which plaintiffs asserted it obligated itself to do under the terms of the lease.

The appeal presents two questions for review: The first is whether the lease imposed an absolute liability...

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