TEXAS GENERAL PETROLEUM CORP. v. BROWN

No. 14714.

408 So.2d 288 (1981)

TEXAS GENERAL PETROLEUM CORPORATION, Plaintiff-Appellant, v. C. A. BROWN and Robert J. Brown, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

December 7, 1981.


Attorney(s) appearing for the Case

John M. Frazier, Shreveport, for plaintiff-appellant.

Gamble & Sledge by Jack R. Gamble, Jr., Mansfield, for defendants-appellees.

Before HALL, MARVIN and FRED W. JONES, Jr., JJ.


MARVIN, Judge.

In this action to recover money paid in error, the plaintiff-mineral lessee appeals a judgment rejecting its demands. The money was bonus money paid to two defendants-lessors for the leases.

Unless the warranty is expressly excluded, a mineral lessor warrants title to the interest he leases, and the lessee may recover the bonus paid for a lease if the warranty of title is breached. LRS 31:120. Each lease excluded warranty against pre...

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