Bouldin v. Gulf Production Co.

PRODUCTION v. GULF BOULDIN CO. 5S.W.(2d) @=>73— 7. Mines and minerals Rule of strict mineral lease is subordinate to CO. ux. PRODUCTION BOULDIN et v. GULF primary 11927.) reasonable construction. (No. lease, Rule of strict construction mineral Appeals Texas. Fort Worth. Civil applied against against lessor whether les- 1928. always see, primary subordinate to rule of reasonable construction. Rehearing April 21, Denied 1928. @=>75 Discovery Mines 8. and minerals of oil — @=>73 convey- minerals 1. Mines and —Lease day exploration period on and last subse- gas appropriate and oil enter and quent production of oil in conveyance royalties payment quantities,” “discovery held oil terest in land. exploration affecting within exten- cоnveying form, An oil lease in usual sion. grantee to enter and presence discovered Where oil was appropriate discovery gas, and to of oil and day exploration and prof- portion same, paying certain to lessor a thereafter, drill- and without conveyance royalties, interest of an its as paying quantities, held ing, oil though be used no quantities” that oil was “discovered specifically conveying title. provision during making within neces- @=>73 lease, ter- 2. and minerals Mines —Oil be- sary of lease condition to the perform condi- failure on lessee’s minable period. yond conveyance optional held tions with ’ subsequent. conditions ambiguity @=>73 Any Mines and minerals 9. — land*, gas sub- granting and Lease oil applying rule authorize oil lease held ject lessors of against lessee. of strict construction failure lessee’s lessor on and terminable perform gas ambiguity Any oil and optional les- conditions certain applying rule of strict held lease reason subsequent. conveyance see, on conditions held against lessee rather prepared lessors, lessee. @=»78(2) Ambiguous lease was minerals Mines and1 3. — will not he provision of oil forfeiture ¡@=>73 strict minerals 10. Mines and —Rule enforced. unambiguous inapplicable to сonstruction held Ambiguous of oil gas oil and lease. gas enforced. lease will not be ambiguity in terms of Where there was no gas lease, had rule of strict construction @=>731/2 of es- Mines minerals —Time application. mineral lease, of a mineral Time essence Rehearing. On Motion for especially gas, when lease oil and as for by lessee, @=>73 performed covenant to not on Mines minerals —Production merely condition, performance during exploration period ‍​‌​‌‌‌​‌‌​‌​​​​​​‌​‌‌‌​‌​​​​​‌​‌​‌​‌​​‌​‌​​‌‌​‌‌‍of which re but is is not entirely optional lessee. quired1; “discover.” definite usual oil Under @=>73>/2 5. Mines and minerals —Provision exploration by lesseе, period for alive, exploration, keeping quanti- oil or ties is not within that inapplicable was commenced if required regardless original term, before meaning production, include word “discover” does not merely find.” means “to Where sge definitions, Words [Ed. Note.—For terminate, were not Phrases, Series, Discov- and ery.] First Second begun date, certain unless lessee made alive keep certain succes- exceeding periods, not total of four sive from date Court, Montague Appeal from District extension, of first which would Judge. County; Stine, Vincent from date of if oil discovered, Bouldin and wife E. J. should be Suit Comрany. Judgment lease should remain in for 10 there- for de- Production Gulf after, and as much appeal. fendant, Affirmed. paying quantities, tinued in held Bowie, Kay-Akin Donald, of & Donald oper- apply, limitation did Falls, appellants. &.Smedley, of Wichita begun period, regard- ations within such were n Worth, Proctor, Carrigan, Fort D. C. less of King Wilson, Britain, Morgan R. and H. Falls, appellee. of Wichita @=>73'/2 minerals has 6. Mines and —Lessee determine whether have DUNKLIN,- J. J. On March paying quantities. discovered in been Bouldin, wife, executed Bouldin and E. C. has to determine whether Lessee E. McMahon an oil and lease on 322 to H. discov- and ered county. April Montague making On acres of oil discovery. assigned dependent lease on 80 McMahon on such Digests topic @=>For Key-Numbered see same KEY-NUMBER all other cases Indexes ' 2d SOUTH WESTERN SERIES Daniels, who, lease in this force for six months from said of tract O. U. iteres to any operations. date without There- turn, assigned Produc- the same to the Gulf after, payments in like manner and like Company. or same tenders amount E. J. Bouldin and wife instituted this suit any drilling operations, and without said trespass try form of to may be lease limit kept extended and this Company Gulf Production to recover periods in force for like of time successive- And, acres last mentioned. from (cid:127) ly, instance, six months in each but operations in favor оf the have this cannot lease prosecuted payments appeal. in force tenders this such or be for a longer total than four from only presented The issue in the trial court by par- the date of extension. And and in this court or was whether not assignment otherwise, hereof, lease tial or this lease on the land in was forfeited subject ownership plural shall become the alleged failure of the defendant to severalty, proportionate and in then that event paying quan- drill a well and discover oil in any payments corresponding to such tenders or tities within the time and in accordance with оwnership may be made and extensions so stipulated acreage thereby the lease. the extent of the obtained to quite lengthy, The payment lease is and drill- we shall or tender. Both covered ing only operations payments are portions or tenders not and set out opinion such thereof as in our required, may alternate between lessee bearing have a material drilling, and tenders or typing issue por- to be determined. prior during the and above mentioned tions we have for convenient reference itali- quanti- to ties, having oil or terms, which, however, cized certain not twenty days any after election italicized in begins the instrument. The lease suspend drilling op- the lessee to discontinue or as follows: payment tender in which to make or erations covering months, of six (A) current presents “Know all men these unexpired portion thereof, and the or the we, wife, E. J. Bouldin Bouldin, and E. 0. periods of resume when post to Spanish Fort, office Texas, state of suspension expired and discontinuance drilling or (whether hereinafter more), called lessor one or operations anywhere land on said leased and consideration three hun- pay- whole, shall be effective as to the but twenty dollars, drеd and do paid, two cash hand necessary ment shall be a dis- or tender hereby McMahon, H. unto suspension drilling operations continuance or post Nocona, Texas, office of state of herein- only temporary or some and is due to accident lessee, land, after called described cause or is county Montague situated in the and state voluntary the “It election the lessee. not at description of Texas:” Then follows a (D) agreed expressly land, understood and following: after which the consideration (B) first recited this such this receipt payment, the down cash so as it remains in force the lessee shall hereby acknowledged by obliga- lessor, prospect have exclusive to and drill expressed ensuing tion of the lessee in the next land and said for oil and remove paragraph hereof, support be held to and shall therefrom, maintain erect and and sustain, granted privileges proper remove therefrom all ture and or struc- para- preceding date first written the last including pull equipment, graph hereof, the first ex- wells, from install and main- and to tension, option of ex- but also lessee’s tain thereon and all tanks remove therefrom tending keeping time limit and storage pipes and other means all any aforesaid, all oth- in force as as well transportation, other means of also privileges er the les- ingress conferred on egress times, any at all instrument, save as see stated purposes, subject royalties said hereof, ensuing paragraph lessee said next the oil hereinafter and op- obligated the wish or hereby shall granted said land is and coiv- carry veyed otherwise tion of any operations lessee drill or lessee." hereunder. (E) any stipulations “If Then follows of this lease and amount reserved the lessor said there shall be drilled on ad- .by paid to be the lessee. jacent land, and within feet line of provisions: are further land, daily the leased a well for thir- (C) ty days consecutive much as 50 barrels “If of. began acceptable quality pipe companies, or well are not on said or line day March, '1923, the 10th begin diligence, this lease before shall with reasonable will then terminate prosecute to both unless a well on leased pay the lessee on or before said date shall land in<a to reach the stratum and effort faithful tender the lessor toor the credit of the les- oil on the leased land. sor, (F) the Farmers’ & Merchants’ National drill a the lessee shall well and dis- “If Tex., Bank of Nocona.' shall continue as cover oil regardless depository change land, a the in der leased divisions said then this shall re- ownership $161.00, the sum of main in ten or tender be made in the and as much check or draft and however hav- made keep quanti- shall said to extend time limit and neer. built, tinued thereafter both tify the fell was indications of deemed such 16th the rels; the mud 16th of March —and March showings a 80 acres drilled did 19th it portions pump, The oil was run into a Tes.) barrels; duction were 1922, volves, first, meaning whether or not ruption which necessity end of five standing.” the lease remain required quantities.” except with port and a reasonable after such forfeiture of anything delayed the lessee to save rebellion, insurrection, riot, strike, differences ties, acres of land to surrounding The core of the well was location (G) was swabbed it stood 80 which time the nothing .the allowed workmen, appellants’ paid. on March 17th the Following a result of the defendant “When five-year period, All rentals 9th, shall not cause Company. gauge or not on March furnish facilities in this lease lessee setting was swabbed date of the the date interrupted for a other on March ascertainment or at the election ‍​‌​‌‌‌​‌‌​‌​​​​​​‌​‌‌‌​‌​​​​​‌​‌​‌​‌​​‌​‌​​‌‌​‌‌‍controversy, toward judicial when each Two again showing this lease in whatsoever, the correct until set or failure noted above. The 322-aere the defendant oil. The driller Drilling operations cutting set the oil government, persons brief opportunity he counted from each time dry actually and cemented the driller discovered 18th, some plug controversy swiabbed ascertainment of February designated by easing, within 30 minutes after' 20th it holds by rig location, or other was made tank showed of oil sufficient holes were its date. box, day beginning but those out—on the 15th or taken which showed sel fire, storm, company tank, was drilled tract exempt BOULDIN order, wаs to the extent barrels; following a lease, terminated spudded in until whole well. carriers to ended days, contrary notwith- feet well on the or as moved other than and March the Gulf transportation, delay a save requisition well from loss or on that date in on March oil in The case derrick and, deep accordingly night put wells easing at March March the drilled flood, war, the result on March 32½ forfeiture each y. its and have out and the end is said: on, charge second, named at the in oil. GULF PRODUCTION of ten trans- when under inter- until engi- Pro- bar- bar- part was jus- 5S.W, 10, 10, oil' .(aa> pellants that, claimed granted, within wrhich oil hereby granted not discovered five-year period pire with the .was upon ance thus discovered yond ance to those conditions were announced feited,” yet termination. compliance lessor a ject state veying operate gas royalties, 290, specifically conveying ty Tex. sion to the nitely determined whether or sequent, favor, and, moved the court to instruct a troduced 1927, swabbed the conclusion of dications reís, “Did It will Both of [3] While there is The case [1] It is no According unconditionally the oil and controversy and to many 29 A. L. R. 566. at described day. coming a Oil Gas It instructed á verdict request discover appellants .the prоducer the end the use of the lessee. out, although they by defendant, 176 W. that would and therefore certain on an thereafter and until period; and other decisions appropriate B, The well also well them, in order to in Texas Co. v. observed, defendant on or before rentals, in the was lessee was we do a conditions title, S. longer However, grantee within that it when inoil CO. conveyance here which, motions Co., average tried before testimony the defendant oil in immediately plaintiffs’ petition?” admit, until after portion fixed in alternative, conveyed above, was also not believe that conveyе’d hereinafter an settled properly does 113 Tex. and in their briefs coun Furthermore, following special absence of a title. evidence however, following language specific stipulation extend the lease upon complied with; open it is insisted it L. R. A. 1917 that no definite time drilled 824 were the usual in its favor. of 30 to 35 barrels terminable, same, to wit: under specifically a could not the lease for believed of witnesses producer. Daugherty, would Stephens question conditions sub verdict a overruled, construed, 160, an interest the mud was for a submis- fixed April therefor, the lease did ex jury, was said land because, “And, form, profits 254 S. Mаrch enter and feet that one. perform the from in- optional be used lessee”; must be convey the for the - 17th F. convey by ap in this unless Coun issue: deep “for and, sub defi- 989, con be W. 10, at 2d SERIES 5 SOUTH WESTERN next limitation of time has payment the may tions should lease is there termination from its date ginning from the date means The substance amount six months lessee der to the money Nichols * * * the 10th then Wilson necessarily the lessee’s since, of another is ing true, that nant ly also use of in Decker of the rule announced Scott, owners of the land to ognized fair and vored thority language not take its punitive one demns it ture contract cannot determine its just tain equivocal “If Then follows clear “If the [5] It provided upon condition, entirely optional kept rest whose ensuing from true terminate as to enforce a That of such as as said five of such means to lose the to forfeit a as rentals for be a are not legal meaning. will he noted that in in their 1day rightful.” provision ambiguous, drilling operations,” meaning. obscure. It should which is Tex. when the if lessor character force for each word forfeit years C performed by provisions time is party.” all the authorities. that: following language: rentals, rest begin of the Contracts, par. before said date law, sum the leasе alive for a any period Kirlicks, Com. nor of by payment vague by 442, forfeiture begun drilling operations, fault provisions March, from the operation. of $161.00.” Justice vested plain and clear—whose of the App.) Forfeitures are harsh 7 S. W. with in the absence may operations. To the same has been to meaning, ought whose any paragraph date of both surer a 110 Tex. escape reference was its terms that a court performance said land on or 293 S. the lessee. To successive essence gas, provision. render Gaines our credit of the lessor used not to date time parties unless thh of rentals. That extension, meaning ground. terminated, They not forfeit a be lose, the lease. seems paragraph it would was that alone con- of the “the fixed for Especially of possibly mis- estate should of a “in the be. its exercise Neither pay or ten are not fa- it four enable application and this five the lease. 216 S. Heard v. but mere forfeited, to Eakin v. A of is uncer- That be Where mineral sum a period ing opera- only be 'rec forfei- years favor This Under the cove shall then C it be- and sion au- of in is (cid:127) begun well. produced. tion of success; an drilling tioned in the those five-year period, covery er tities. years is indicated to F shall if once work gun five-year period. The same out troversy, ing fort to reach the stratum of sonable time ful effort diligence of a well should reading in 200 feet of the lease cannot be the same or; years of As stated reasonable time .It is It is to be “But in as oil and it is paragraph understanding the effect tenders for a total completion. Among trial court doubt 50 barrels of leased land.” intention of the provided in begun it was understood with reasonable not about from lease to the of time clear extension of the lease be drilled ** for the termination of the paragraph as follows: five-year not inoil provided will the absence of should be on the leased oil is to undisputed facts, then the lessee of duty “in full No of the date three above, produce counted prosecuted, E, * begin that, to finish it paying quantities having requirements contention ” interrupted furnish further evidence of then the lessee fixed within paragraph discovery being between the weeks land that a period, contrary within which to finish the the trial court to E the rentals were will Clearly, provision in five-year period of limita- and was none In that should prosecuted with in force parties to the instrument oil. The lessee would-have adjoining that> a paragraph against made; mentioned day, in the first provisions in prosecute prior others, the time of duration by the with due here and effect and the well by prosecuting the drilling operations in the event and much was were once notwithstanding.” begin begun if we “with reasonable C did prosecuted of which such dis- him, “anything to the termina- parties that, paragraph obligations a well was territory produce oil on understanding causes conclude that presented paragraph E, pacing a extension.” E show with- - is not is the would to continue made with- prior within the faithful ef- above, within the paragraph not provisions in a faith- diligence. the drill- lease and than four of oil in paid instruct for ten produc- drilling begun, condi- period apply, a well a quan- provi- long- with- wás rea- be- if ly in the had been at the time decided ed, including that, lease, mined with the facts was presented from the date not paying lematic, privilege the well-settled rule within the in was employed drilling pp. rule as meaning installation necessary production. operated out the ing, construction. condition to an quantity And the quantities” ble. any source that had accumulated discovered on March day of it constituted Co. Bruce ordinate (Tex. verdict in [6, [9,10] [8] The of thе further course, instructing provision in S20 and expiration of the rule the well controversy, v. core of cement risk quantities period. prepared that such was 7] proper, of the That Civ. indicated Even strict reason of determine that whom it is operations. swabbing The evidence to the' just actually to the lessors setting the App.) set strict construction certainty lease; favor of of a would thereafter Without production; though greater (Tex. casing, Masterson terms recited incurred brought a verdict paragraph C, extension of the 253 S. W. primary question in order pump, the operation and, independently execution Civ. understanding oil in being their therefrom many first extension as action was discovered properly applicable, for period was a 10th, “discover oil Summers rather until after the lessee, and, true, were established with as further then instrument must question, according shows would be unreasona App.) BOULDIN v. produced v. Amarillo finished and question presence 'for the defendant decisions, could legal oil later whether 908; decisions to remove it should next paying view, 10th, of the trial necessarily prob even than the it had taken sight. of the on March 233 S. W. drilling, quantity is well, like the on Oil & merely import, independent- T. P. C. expenses was the always sub thоugh the within signatures, reasonable oil in four quantities and inten necessary from the produced, there cit decisions. well was was the there be such And well harden Oil applied lessors, follow- beyond finding not paying GULF PRODUCTION CO. the of the out deter cussed oil Since lease shall continue in lease found since steps limit 10th held mud Gas, pay Co. all oil C. to sion Decker v. S.W.(üd) nish ground changed plication lessors. port lease the lessee and not be the essarily stead the the lease under the rule announced in the alone, is then tion of the profitable production. ration any bearing upon solely for found exploratory operations, continue “thereafter” as pose clude necessarily tains oil of error are meaning of definite stipulation duced” in tions, construction against operations; exploratory covered in Following that er or sufficient of the when used in operations, od is For the paying quantities. long as production contract terms trial court exploration only, of their production no reason fact the first for such production, merely or discovered in to the effect had not the given any above of the land period means as to four determining Appellants required On Motion quantities would рaying paying the four reasons paying parties. Lastly, since such lessors, the contention the overruled, place, the lease ambiguity, operations, in favor of lessors. purpose usual provisions only, time so is word connection strictly Kirlieks, years, rule invoked could object is weight, respect quantities affirmed. time is fixed for the long quantities of the lessee. The ambiguous. necessarily oil our indicated, applying oil itself there is those circumstances stress those is for under the same sufficient lease for oil and contains “discover” does Those by payment paying quantities, “found” or or termination at the instance as oil foregoing within the fixed at profitable production. meaning and the same Since that Rehearing. and within construed usually long condemn unless the terms that, then the lease shall determining supra. follows when oil or means to lessee therefore the within “thereafter,” as the result of since force and effect is fact or not it con quantities oil or If questions dis- ambiguity found facts in contains rather for the assignments conclusions. of the term exploratory exploratory Secondly, exploration “produced” ambiguous, necessarily contempla them find; that period not have designed of strict stipulа rule of rentals not in wheth or dis explo relate gas could “pro fixed deci- peri as a sup- pur nec fur- ap- the the for in is 2d SERIES WESTERN 5 SOUTH quantities,” paying v. Appellant & Oil Co. Union Gas lias cited stipulation that oil must therefore the (C. In that case A.) 278 F. Adkins lease was C. quantities paying gas produced or as for “three implied, necessarily quantities since on said fixed or oil premises.” effective, began period, immedi- of extension the failure It was ately upon expiration fixed complete lessee three-year requirement condition as a quantities within the in period extension, oil of such the life lease. That case terminated the quantities present distinguishable suit must clearly beginning applicable provision of the extension at the Iby contained reason as well as thereafter. ease no that “in in the lease However, of the lease premises the terms three drilled on said from negative implied provision date, ‍​‌​‌‌‌​‌‌​‌​​​​​​‌​‌‌‌​‌​​​​​‌​‌​‌​‌​​‌​‌​​‌‌​‌‌‍grant null as to' and void.” shall be above', required specific believe that such and we mentioned the That exten- complete condition for the when the result lessee to fixed sion of the lease “discovery” expressed “finding” support of or the opinion as the cites quantities during the term Mur oil in decisions: conclusion the its exploration Logan, and not for 69 fixed for Ohio St. dock-West Co. Holland, In- 984; the term. in such St. of deed, 57 Ohio E. 49 N. E. Deltor v. N. 266; showed on face Tif this suit Gas Co. v. L. R. A. fin, was for that testing the fixed term Cassell 54 N. 59 Ohio St. Crothers, the land That could 446. And gas. 44 A. 193 Pa. ap Gas, p. 293, not be said of the involved in cited leases also cited Summers Oil & Pennsylvania. holding pellant, cases from Ohio and are cited as those decisions Willingham In the recent Mills and “found” and “discovered” work the words Gas, p. 119, par. 73, Law of Oil mean same as “ob holding “produced” in Mur in such Ohio tained” Logan supra, Logan, dock-West Co. v. is noted. Then fol In Murdock-West Co. v. page, lows 74 on shоuld run “for same days as reads follows: term of 60 as thereafter as oil thereof ‘and much n Virginia, states Oklahoma and West ” quantities.’ paying or By agreement found in however, that the ther is definitely seem committed the term ex- gas although of oil or nei- days. tended for additional 60 an produced during term, vests say: right proceed has operations this to lessee a long minerals as beyond the “In order to continue their lease they capable being produced; provided are he stipulated les- continuing exercises Bor sees find oil produced. til the oil or result that oil discovered is This complete sufficient requires reached whether oil, having might in tually a well which indications or some found, produced, during well, or producing developed into a predicated the term. It the doctrine ac- lessees must but the estate, that gas lessee has no an under quantities find oil discovered,.in until pay- obtaining init the ing quantities.” produce premises event his becomes vested for further under com- u.pon failure to further held that It was terms is based the case 531, quantities plete [65 Eastern W. Oil v. Coulehan Va. Co. n withinthe 836.]. 64 S. E. resulted a termina- fixed term “Accordingly, it dis- has held that the covery upper sand, in an of oil or from Ohio cited other decisions In the aсtually pro- although term', neither was 359, Crothers, 44 A. 193 Pa. also in 446, v. Cassell duced, continued with the substantially leases returning producing from such intent of Murdock- involved in form as that the same stratum, dis- in case Logan, supra. Co. v. level, West in the lessee vested at a lower covered involved in the leases sand discovered It is to be from a the after the expiration term.” an there is in those decisions provision “if oil effect discovered” Court Numerous decisions Virginia then the lease should the fixed are cited Oklahoma West long support as oil or thereafter stated continue what author produced. Apparently leading including text, of East case Coulehan, 531, reached was based conclusion the theory 64 65 W. Va. ern Oil Co. v. S. necessarily pro- 836; there must Snod also South Penn Oil Co. v. ducing 438, 961, of grass, the land at the A. L. R. 76 S. E. 43 71 W. Va. Greenleaf, (N. S.) to con- 848; in order the fixed Ohio Fuel Co. v. 84 67, 274; as oil or “thereafter -tinue Va. Roach v. Junction Oil 99 E.S. lowed. cision W. And it Gas & 295, Hicks, 666; v. Motion for Junction of T. P. & Co. Parks was the decision oí Co., which is also cited logically P. our conclusion that Okl. 72 Oil Gas 517, v. Sinai rehearing Okl. C. O. 1, 213, sound, O. Oil Co., P. 179 P. & G. is overruled. & Gas and should be 347. To EXPRESS 75 Okl. this court 52; that rule of de Bratton, 239 934; Co., 220, Strange Hennessy the same PUB. CO. HORMUTH v. 83 Okl. author. 182 P. fol 1925, s S.\V.(8<1) S. 1, §16. ing been tried tive, Leg. merely changed 22 and verdict filed June cordance 1926, original petition being 5. Libel and slander . for libel held amendment of statute which became effective cation 192,5, In action court should have instructed (1927) art. art. therewith, c. trial, 5431, libel §80 n c. rules of as amended entitletf although applicable, (Const, as amended I). libel § it not 1, becoming amendment <®=»n/2—Defendant evidence, and, published art. subsequent violating 25, 1927, filed December instruction, since amendment I, Acts 40th § the Acts 40th became effec- effective June December jury Const, ease hav- Rev. St. Rev. St. in ac- pubii- 1025 sued Leg. art. Litigants <§=>106, 6. Constitutional law 109— CO. v. HORMUTH. PUB. EXPRESS remedy have no vested or in rules 2123.) (No. evidence under constitutional toas (Const, I, 16). retroactive art. laws § Apрeals ‍​‌​‌‌‌​‌‌​‌​​​​​​‌​‌‌‌​‌​​​​​‌​‌​‌​‌​​‌​‌​​‌‌​‌‌‍El Paso. of Texas. of Civil Litigants remedy April 12, vested 1928. Const, or in rules of evidence reason of art. Rehearing May 10, 1928. Denied prohibiting § retroactive laws. damages Damages <S=>87(1)—Punitory 1. < n » (9) <§=>l Libel and slander —Trial not as way punishment, and awarded reimbursement, 194(20) se, per article was libelous —Where injured damages legal plaintiff damages, entitled to nominal but party. damages further tion was for and instruc- damages Exemplary punitory are award- thereto relative would have been im- wrongdoer, way punishment and not proper. ed injured damages legal as reimbursement libel, complained In action for where article pаrty. per of was se libelous and no contention was part made that it was true on fraud, Damages (I) mal- <3==>9I —Existence damages struction to find at least nominal oppression negligence, must ice, gross plaintiff, proper, of further exemplary dam- proved in to recover order damages not vade jury, was one and court should ages. directly indirectly by instructions party ex- recover one entitled to Before province jury regard. prove another, damages emplary existence must he negligence, ' fraud, malice, gross Appeal Court, County.; from District Bexar oppression. Judge. Anderson, W. S'. <S=>-f20(2) and slander Libel —Plaintiff by Henry Action Hormuth the Ex- damages exemplary for libel- not entitled press Publishing Company. Judgment article, malice and where there was no ous plaintiff, appeals. and defendant Reversed damage by pub- attempt was made to minimize and remanded. article,. lishing corrected libel, publishing company for In suit Denman, Eranklin & Denman and Cun- plaintiff evidence disclosed that where personally ningham, Johnson, Moursund all of San reporter or editor known either Antonio, appellant. tending show ac- was no and there evidence Pfeiffer, Antonio, ap- John P. of San disclosing part, their malice on evidencе tual pellee. plaintiff in some manner name of defendant, upon through mistake, and inserted failing lication to pub- get plaintiff for statement from PELP'HREX, Appellee appellant C. J. sued mitigate arising from bad effects $20,000 $10,000 punitory actual and dam- published attempting article, to min- correction ages publication alleged of an libel. damages damage fteld, exemplary imizó were not Appellant by general demurrer, answered justified. special general exceptions, denial, special- <§=»I20(2) Exemplary ly pleaded that, Libel slander alleged the article — damages may be allowed if libel resultеd from appellee’s petition published, was ever gross negligence, imput- since malice could be published good pur- faith and with no ed. pose injure appellee. Appellant desire alleged libel, In suit for of de- actions pleaded a further by correction of the article agents gross fendant’s negligence plaintiff, were such as to show it. Trial resulted in a ver- disregard and utter appellee $1,000 dict for actual and $¾- imputed then malice could damages. punitory From a exemplary damages action and al- appeal was taken to this verdict lowed. court. Digests <©=jFor topic Key-Numbered other cases see and ‍​‌​‌‌‌​‌‌​‌​​​​​​‌​‌‌‌​‌​​​​​‌​‌​‌​‌​​‌​‌​​‌‌​‌‌‍KEY-NUMBER in all Indexes S.W.(2d) —65

Case Details

Case Name: Bouldin v. Gulf Production Co.

Court Name: Court of Appeals of Texas

Date Published: Mar 17, 1928

Citation: 5 S.W.2d 1019

Docket Number: No. 11927.

Court Abbreviation: Tex. App.