INVESTORS ROYALTY CO. v. CHILDRENS HOSPITAL MED. CTR.

No. 14040.

364 S.W.2d 779 (1963)

INVESTORS ROYALTY COMPANY, Inc., et al., Appellants, v. CHILDRENS HOSPITAL MEDICAL CENTER et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied February 20, 1963.


Attorney(s) appearing for the Case

Jones & Fly, San Antonio, McNeill & McNeill, Tulsa, Okl., for appellants.

Matthews, Nowlin, Macfarlane & Barrett, San Antonio, Storey, Armstrong & Steger, Dallas, for appellees.


POPE, Justice.

We withdraw our former opinion. Plaintiffs, the Childrens Hospital Medical Center and others, sued Investors Royalty Company, Inc., and others, for a declaratory judgment that a term royalty deed had terminated, and the trial court so held. The case was tried upon agreed facts. No one contends that the instrument is ambiguous. In our opinion the term royalty had expired.

Two instruments are involved, an oil and gas lease and the term royalty...

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