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NOBLE HURLEY & CO. v. BLACKJACK CLAY CO.

No. 1434.

617 S.W.2d 741 (1981)

NOBLE HURLEY & COMPANY, Appellant, v. BLACKJACK CLAY COMPANY, et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied June 26, 1981.

Attorney(s) appearing for the Case

Paul W. Brown, Branch & Brown, Dallas, Robert H. Fields, Fields, Fields & Hardee, Athens, Emerson Stone, Stone & Stone, Jacksonville, for appellant.

Willis D. Moore, Moore, Bateman & George, James R. Kittles, Athens, for appellees.

McKAY, Justice.

This case involves the construction of a written lease for the mining and removal of clay.

Appellees Blackjack Clay Company and Southern Clay Products, Inc., brought suit for declaratory judgment alleging that there was a dispute as to the construction of a written clay lease between them and appellant Noble Hurley and Company. Appellees alleged that they are obligated to pay only for clay which they remove from the ground and actually carry...

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