M. B. Chastain v. Cooper and Reed

Summary

The Texas Supreme Court reversed the trial court judgment against M. B. Chastain on the National Supply Company claim and modified the judgment for Cooper and Reed to allow a $1,330 recovery, while affirming the Court of Civil Appeals on the novation issue and other matters. The Court held that the evidence established a novation of the oral drilling contract as a matter of law, and that the trial court lacked authority to award attorneys' fees exceeding statutory limits. Justice Smith, dissenting, argued that the novation issue should have been decided as a factual question.