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MASSENGILL v. JONES

No. 6985.

308 S.W.2d 535 (1957)

Roy E. MASSENGILL, Appellant, v. Raymond JONES et al., Appellees.

Court of Civil Appeals of Texas. Texarkana.

Rehearing Denied January 14, 1958.

Attorney(s) appearing for the Case

L. F. Burke, Longview, for appellant.

Kenley, Sharp, Ritter & Boyland, Earl Sharp, Longview, Bean & Ford, Foster T. Bean, Kilgore, Smead & Harbour, Longview, for appellee.

FANNING, Justice.

Roy Massengill, as plaintiff brought suit against Raymond Jones and Cherokee Water Company, alleging that defendant Cherokee Water Company had issued shares of stock and made leases with 1,500 parties on lots fronting on Cherokee Lake, including plaintiff Massengill and defendant Jones, with Massengill and Jones having adjacent lots on the lake, with plaintiff further alleging that each of said leases contained a provision as follows: "With the exception...

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