[Download] "Sun Oil Company v. Earnest Whitaker" by Court of Criminal Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Sun Oil Company v. Earnest Whitaker
- Author : Court of Criminal Appeals of Texas
- Release Date : January 28, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
This case was before us at an earlier time in an appeal from a judgment denying a temporary injunction. 424 S.W.2d 216. We affirmed the courts below. Our decision in the temporary injunction appeal turned on the fact that issue had been joined by the parties on a contention by the Whitakers and an intervenor, High Plains Underwater Conservation District No. 1, that Suns proposed use of water for waterflood purposes constituted statutory waste, but by agreement this defense, and no evidence thereunder, was submitted to the trial court for a ruling. In that appeal we held (page 219): "The agreement that issue would not be joined and argument would not be made concerning the issue of statutory waste raised by Whitakers answer and the Water Districts plea in intervention completely destroyed Suns ability to show its probable right on final trial to a permanent injunction." We did not reach the merits of the case; our prior judgment in no way established the law in this case, nor in fact did it purport to do so.