Court of Appeals of Texas June 7, 1908 (T. A. Robertson & Co. v. Russell)

LEVY, Associate Justice.

By their petition filed in the District Court of Martin County, the appellees sought to recover against the appellants on two counts or two theories; one was to recover upon a lease, as an original contract, of certain grazing lands; and the other, to recover upon a

quantum meruit

for the use and possession of grazing lands belonging to appellees.