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CHEROKEE WATER CO. v. FORDERHAUSE

No. C-6365.

741 S.W.2d 377 (1987)

CHEROKEE WATER COMPANY, Petitioner, v. Martha Paul Rogers FORDERHAUSE et al., Respondent.

Supreme Court of Texas.

Rehearing Denied January 20, 1988.

Attorney(s) appearing for the Case

Gordon R. Wellborn, Wellborn, Houston, Adkison, Mann & Sadler, Henderson, John W. Stayton, Jr., McGinnis, Lochridge & Kilgore, Lloyd Lochridge, McGinnis, Lochridge & Kilgore, John M. Hohengarten, McGinnis, Lochridge & Kilgore, Austin, for petitioner.

D.L. Case, Jackson, Walker, Winstead, Cantwell & Miller, Jack Pew, Jr., Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Dean W. Turner, Bath, Turner & Barber, Henderson, for respondent.

ROBERTSON, Justice.

Martha Forderhause and others sued Cherokee Water Company seeking reformation of a deed provision which granted Cherokee a right of first refusal on all oil and gas leases. The deed provision in question provides:

Grantee is hereby given the first option to purchase the oil, gas and other minerals herein reserved, at the same price and on the same terms as Grantor has agreed to sell to a third party; such option to be accepted or rejected...

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