Opinion

Village Mills Co. v. Houston Oil Co.

  • 186 S.W. 785
  • 1916 Tex. App. LEXIS 670
Court
Court of Appeals of Texas
Filed
Jan 30, 1916
Status
Published
On the bench
Conley
Cited by
31 cases
Authority
More cited than 12.3%

The opinion

On Second Motion for Rehearing.

[34] We find that we were in error in determining to certify to the Supreme Court the question of the conflict between this opinion and the Hanks Case, supra, on the subject of the restrictive nature of the lease. Our opinion follows the ruling of the Supreme Court in the Kimball Case, 114 S. W. 668 . It was not intended to require the certification of a question already determined by the Supreme Court, although there may be a conflict with the subsequent decision of a Court of Civil Appeals. Yoacham v. McCurdy, 27 Tex. Civ. App. 183 , 65 S. W. 213 .

[35] We adhere, however, to our former conclusion, that there is a conflict between this case and the Heckerman Case, supra, which necessitates a certification by us of the question in conflict for final adjudication to the Supreme Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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