BALCONES CORPORATION v. SUTHERLAND

No. 13391.

318 S.W.2d 691 (1958)

The BALCONES CORPORATION, Appellant, v. J. W. SUTHERLAND, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied December 10, 1958.


Attorney(s) appearing for the Case

Collins B. Cook, Oliver & Oliver, San Antonio, for appellant.

Morrison, Dittmar, Dahlgren & Kaine, San Antonio, for appellee.


BARROW, Justice.

This suit was brought by appellee against appellant upon alleged liability under a socalled "dry hole money" letter agreement, providing that under certain conditions appellant would pay to appellee the sum of $6,500. In the trial court appellant contended that the conditions of the agreement were violated and not performed, therefore, no liability existed against it for the payment of $6,500. In the alternative, appellee sought to recover under the...

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