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TSB EXCO, INC. v. SMITH

No. 6-90-074-CV.

818 S.W.2d 417 (1991)

TSB EXCO, INC., Appellant, v. E.N. SMITH, III ENERGY CORP., et al, Appellees.

Court of Appeals of Texas, Texarkana.

On Motion for Rehearing September 4, 1991.

Rehearing Granted in part and Overruled in part September 4, 1991.

Further Rehearing Overruled October 15, 1991.

Attorney(s) appearing for the Case

Dick Watt, Lynne Liberate, Haynes and Boone, Houston, Timothy George, McGinnis, Lochridge & Kilgore, Austin, for appellant.

Edwin E. Buckner, Jr., Sandlin & Buckner, Marshall, for appellant E.N. Smith.

James O. Faires, Faires & Garrett, Commerce, for Sidney Taylor, Jean Taylor, Jenny Moore, Peggy Hogan and Bryant L. Moore.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

Further Rehearing of Appellants and Appellees Overruled October 15, 1991.

PER CURIAM.

In this appeal from a declaratory judgment we must decide if the timely delivery of a bank check was effective to extend the term of an oil and gas lease when the extension clause of the lease provides only that it may be exercised by the "payment" of a sum of money. We conclude that it was effective to extend the lease, and we...

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