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CARTER OIL COMPANY v. KING

No. 9558.

134 So.2d 89 (1961)

CARTER OIL COMPANY, Plaintiff-Appellant, v. Dr. R. E. KING, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

October 26, 1961.

Attorney(s) appearing for the Case

Cotton & Bolton, William R. Veal, Rayville, for appellant.

E. Rudolph McIntyre, Winnsboro, for appellee.

Before HARDY, GLADNEY and AYRES, JJ.

GLADNEY, Judge.

This suit was instituted by Carter Oil Company to recover the price paid Dr. R. E. King for an oil and gas lease affecting the Southwest Quarter of Section 17, Township 12 North, Range 7 East, containing 160 acres of land situated in Franklin Parish, Louisiana. The action is based on a warranty clause of the lease and upon the general laws of warranty. The demands of plaintiff were resisted by defendant who claims his right to retain the consideration...

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