# Village Mills Co. v. Houston Oil Co.

> Court of Appeals of Texas · January 30, 1916 · 186 S.W. 785

URL: https://www.frixlaw.com/law-library/cases/9830555

## Case

- **Full name:** VILLAGE MILLS CO. v. HOUSTON OIL CO. OF TEXAS Et Al.
- **Court:** Court of Appeals of Texas
- **Decided:** January 30, 1916
- **Citations:** 186 S.W. 785; 1916 Tex. App. LEXIS 670
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Conley
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9830555

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9830555. Public record. Not legal advice.