PEARSON-SIBERT OIL CO. OF TEXAS v. BURNEY

No. 4838.

531 S.W.2d 422 (1975)

PEARSON-SIBERT OIL COMPANY OF TEXAS et al., Appellants, v. O. L. (Jack) BURNEY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied January 8, 1976.


Attorney(s) appearing for the Case

D. Bruce Pope, Lynch, Chappell, Allday & Aldridge, Midland, for appellants.

Dan C. Cotton, Snyder, Forrest Bowers, Bowers & Cotten, Lubbock, for appellee.


WALTER, Justice.

In a nonjury trial O. L. Burney recovered a judgment against Pearson-Sibert Oil Company of Texas for $1500 for an alleged breach of a covenant in a deed conveying to Mr. Burney the:

"... Northeast one-fourth (NE¼) and the East Three-fourths (E 3/4) of the Southeast one-fourth (SE¼) of Section 145, and the East 478.5 acres of Section 162, all in Block 97, H. & T. C. Ry. Company Survey ..."

Defendant has appealed.

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