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WES-TEX LAND CO. v. SIMMONS

No. 5186.

566 S.W.2d 719 (1978)

WES-TEX LAND COMPANY, Appellant, v. James R. SIMMONS, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 8, 1978.

Attorney(s) appearing for the Case

Michael F. Linz, Spinuzzi, Linz & Associates, P.C., Dallas, for appellant.

J. R. Black, Scarborough, Black, Tarpley & Scarborough, Abilene, for appellee.

BRADBURY, Justice.

This case seeks cancellation of an oil and gas lease assignment and damages. James R. Simmons was lessee of an oil and gas lease dated May 21, 1975, with a three-year primary term. On July 15, 1975, Simmons assigned the lease to Wes-Tex Land Company retaining an override of 1/16ths of 8/8ths of production. Wes-Tex had not developed the lease and indicated it did not plan to. In a nonjury trial, the court awarded Simmons $5,000 as damages and decreed...

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