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HUMBLE OIL & REFINING COMPANY v. CHAPPUIS

No. 3171.

239 So.2d 400 (1970)

HUMBLE OIL & REFINING COMPANY, Plaintiff and Appellee, v. P. J. CHAPPUIS, II, et al., Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 29, 1970.

Writ Refused November 9, 1970.

Attorney(s) appearing for the Case

Domengeaux, Wright & Bienvenu, by Mark Bienvenu, Lafayette, and P. J. Chappuis, II, Crowley, for defendants-appellants.

Milling, Saal, Sanders, Benson & Woodward, by H. H. Hillyer, Jr., John McCollam and Herschel Haag, III, New Orleans, Edwards, Edwards & Broadhurst, by Nolan J. Edwards, Crowley, Bernard J. Caillouett and Edward de la Garza, New Orleans, for plaintiff-appellee.

Before FRUGÉ, SAVOY and CULPEPPER, JJ.

CULPEPPER, Judge.

The plaintiff, Humble Oil & Refining Company, seeks to rescind or, alternatively, reform an instrument whereby it released an oil, gas and mineral lease. Defendants, P. J. Chappuis, II, et al., are the lessors in the lease which Humble contends was released through error of fact. The district judge rescinded the release. Defendants appealed.

There is little dispute as to the facts. The substantial issue is whether, on the facts shown...

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