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Contracts Keyed to Murphy
Russell v. Texas Co
Facts
The Plaintiff, Russell (Plaintiff), acquired the ownership of a parcel of land, referred to by the court as “Section 23”. Section 23 had previously been owned by the Northern Pacific Railway Company, who retained the mineral rights to the land, when they sold it in 1918. The Defendant, the Texas Company (Defendant), leased the mineral rights from Northern Pacific and made daily use of Section 23 and adjacent lands owned by Plaintiff. The Plaintiff presented Texas Company with a license, asking that it pay $150 per day for the use of the land, which Texas Company ignored, later contending that it did not intend to accept this license. Plaintiff brought suit for fees collectable on the license. The trial court rendered Judgment in favor of Plaintiff and against the Defendant. The Defendant appealed this judgment, saying that it did nothing in acceptance of Plaintiff’s offer of licensure.
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