NUTT v. BERRY

No. 5306.

323 S.W.2d 500 (1959)

J. L. NUTT, Appellant, v. W. E. BERRY, Appellee.

Court of Civil Appeals of Texas, El Paso.

April 1, 1959.


Attorney(s) appearing for the Case

A. Leroy Nutt, San Angelo, Hart Johnson, Connell Ashley, Ft. Stockton, for appellant.

James S. Moore, J. F. Hulse, El Paso, Travers Crumpton, Ft. Stockton, for appellee.


ABBOTT, Justice.

This appeal arose from a jury trial in the District Court of Pecos County. Appellant, plaintiff below, brought suit to recover the unpaid rental under a written lease on 20 sections of land, and also for damages to a windmill. Appellee, defendant below, defended the suit on the basis that appellant had orally requested possession of the land before the expiration of the lease, and that, in reliance thereon, appellee moved some 2,000 head of livestock...

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