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MONSANTO CO. v. TYRRELL

No. 1397.

537 S.W.2d 135 (1976)

MONSANTO COMPANY, Appellant, v. Harry F. TYRRELL et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied June 2, 1976.

Attorney(s) appearing for the Case

Stan McLelland, Perry Barber, Baker & Botts, Houston, for appellant.

Clifford G. Campbell, R. F. Wheless, Jr., Houston, for appellees.

CIRE, Justice.

This case involves the determination of the effect of an advance payment for gas production. The action was initiated by appellant Monsanto Company (lessee) for a declaratory judgment to construe an oil and gas lease and gas purchase contract. A counterclaim was filed by the Tyrrells (lessors) both for a declaratory and a money judgment.

Monsanto and the Tyrrells have each entered into separate gas purchase contracts with Northern Natural Gas...

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