Texas Commission of Appeals October 12, 1927, No. 986—4843 (Witherspoon Oil Co. v. Randolph)

NICKELS, J.

We refer to the opinion of the honorable Court of 'Civil Appeals (291 S. W. 587) for a general statement of the case.

Randolph and his surety averred that With-erspoon, president of the company, during the negotiations represented that “an existing water well near the 80-aere lease upon which the* 2,710-foot well was located (about 2,500 feet away) would furnish an adequate supply of