Clarence Wise v. M. E. anderson Et Al
1962.TX.40930; 359 S.W.2D 876, 163 TEX. 608, 5 TEX. SUP. J. 511
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Publisher Description
Clarence Wise brought this suit against M. E. Anderson and the Anderson Oil and Gas Company of Texas. He alleged that he was fraudulently induced by Anderson to execute an oil and gas lease. Among other things, Wise asserted that Anderson falsely promised him orally that he would begin the drilling of a well on his land within 90 days. His action was for damages under Art. 4004 of Vernons Civil Statutes of Texas dealing with actionable fraud. In a jury trial, Wise recovered actual and exemplary damages. The judgment was reversed by the Eastland Court of Civil Appeals and judgment was rendered that plaintiff take nothing. It held that Wises cause of action was barred by the two-year statute of limitations. 345 S.W.2d 803. We have determined that the correct result was reached by the Court of Civil Appeals and that its judgment should be affirmed. This opinion, therefore, will be confined to the limitations questions.