HILLIARD v. FRANZHEIM

No. 1571.

180 So.2d 746 (1965)

C. Paul HILLIARD, Plaintiff-Appellee, v. Kenneth FRANZHEIM, II, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 22, 1965.


Attorney(s) appearing for the Case

Aaron & Aaron, by J. Donald Aaron, Crowley, for defendant-appellant.

Davidson, Meaux, Onebane & Donohoe, by Lawrence E. Donohoe, Jr., Lafayette, for plaintiff-appellee.

Before TATE, SAVOY, and CULPEPPER, JJ.


TATE, Judge.

The trial court awarded the plaintiff $5,868, allegedly owed to him as the unpaid purchase price of overriding royalty. The defendant appeals.

The plaintiff Hilliard sues upon a written agreement by him to sell and the defendant Franzheim to buy an overriding royalty interest in the vicinity of a well to be drilled by Hilliard. As a condition of the sale, Hilliard agreed to drill a well on the tract, with the well "to be started" within ninety...

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