Albert J. McDONALD, Appellant,
v.
Robert W. O'MEARA et al., Appellees.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
August 27, 1958.
Rehearing Denied October 8, 1958.
Attorney(s) appearing for the Case
Robert Weinstein, New Orleans, La., Sylvan J. Steinberg (of Rittenberg, Weinstein & Bronfin), New Orleans, La., Robert B. Butler, Jr., Houma, La., for appellant.
Clem H. Sehrt, Harry McCall, Jr., M. Truman Woodward, Jr., G. Henry Pierson, Jr., H. H. Hillyer, Jr., New Orleans, La., for Louisiana Land & Exploration Co.
Clement M. Moss, of Moss & Graham, Lake Charles, La., Richard M. Mathews, Edward J. Boyle, New Orlans, La., for Robert W. O'Meara.
Before RIVES, JONES and WISDOM, Circuit Judges.
United States Court of Appeals Fifth Circuit.
WISDOM, Circuit Judge.
Albert McDonald sued Robert O'Meara and others1 to cancel a mineral lease (sublease) on the ground that O'Meara, the lessee, violated the lease in failing to pay the lessor his royalty (rents) in accordance with their agreement. The narrow question to be decided is whether O'Meara's delivery of oil to the Texas Company, by pipe line, to be credited to McDonald's account,2 was payment...
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