Texas Co. v. Curry

On Motion for Rehearing.

The question whether or not the lease might be canceled as to some of the different tracts covered, on the ground of abandonment, while it remained valid as to other tracts, was not an issue in the case and was not determined by us on original hearing, as appellant, in its motion to correct the opinion, says was done. We express no opinion on that question. The language of the opinion, construed by appellant as deciding that question, was used merely to distinguish the case pleaded, from one based upon allegations of abandonment by the lessee.

The motion for rehearing filed by appellees has been duly considered and is overruled.