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ERIGAN v. SIRTEX OIL INDUSTRIES, INC.

No. 4406.

393 S.W.2d 836 (1965)

Thelma ERIGAN et al., Appellants, v. SIRTEX OIL INDUSTRIES, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied September 23, 1965.

Attorney(s) appearing for the Case

John A. Waller, Ralph Graham, Corpus Christi, for appellants.

Pepos Dounson, San Antonio, Perry E. Burkett, Corpus Christi, for appellee.

WILSON, Justice.

Whether a surface lease terminated by nonpayment of rental is the question in this case. The trial court granted appellee's motion for instructed verdict, and rendered a declaratory judgment that it had not terminated. Lessor appeals.

The surface lease contract recited existence of an oil and gas lease, not in evidence, which described the same property. The surface lease provided:

"The term of this lease shall run concurrently and...

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