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PLACID OIL COMPANY v. HUMPHREY

No. 16249.

244 F.2d 184 (1957)

PLACID OIL COMPANY, Appellant, v. J. A. HUMPHREY, G. E. Hall, A. Pollard Simons and William D. McBee, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 13, 1957.

Attorney(s) appearing for the Case

Ralph B. Shank, Shank, Dedman & Payne, Dallas, Tex., for appellant, Placid Oil Co.

Lanham Croley and Donald G. Canuteson, Dallas, Tex. (of Golden, Croley, Howell, Johnson & Mizell, Dallas, Tex.), for appellees, J. A. Humphrey and G. E. Hall.

Fred G. Gannon, Dallas, Tex., for appellee, William D. McBee.

H. Bascom Thomas, Jr., Bowyer, Gray, Thomas, Crozier & Harris, Dallas, Tex., for appellee, A. Pollard Simons.

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

TUTTLE, Circuit Judge.

This is an appeal from a judgment by the court without a jury in a suit for damages based on an anticipatory breach of a contract to pay $25,000 as a contribution under a "Dry Hole Contribution Letter Agreement."

The principal questions are: (1) whether the doctrine of anticipatory breach is applicable in Texas to a contract to pay a fixed sum upon the completion and abandonment of a dry hole if there was no initial mutuality of obligation...

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