Texas Supreme Court
The Texas Company v. Joe Burkett.
June 4, 1927117 Tex. 16
Summary
The Texas Supreme Court affirmed the lower courts, holding that the written contract with an oral option to extend was valid and enforceable despite the Statute of Frauds. The court found the oral option was within the apparent authority of the company's agent, that a riparian owner may grant water rights for non‑riparian use when abundant and without injury, and that part performance removed the contract from the Statute of Frauds.