OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTtN 

Comptroller or ruDlle a?eoIulf8 

Austin, Toxaa 

Deer sir: 

2Yon i ** 

44 

Inta ~ratstio 0 sxtsnaioa 

Of Uellaqucn oont at 

gather *it& aartaln exhiblta 

qamt tax oontraot aade batwe 

dated Ikay 19, 1939, ad andlta , 1.930, with al% 

b Uit6, 4 Uld l h0 

t b6twaen ml118 

dollnqueat tex aon- 

. You ragllwt our 

opinion ec to uhe pried for *ho aarpktioa of pandtR@ 6 

whether Mr. aiili. 

hi*. l m8rasnt thet in, 

llowln(s ally $0, 193*, 

withla which to d to t'ilml luagrmQl¶t sultr 

ribkd prior t0 t 

itss, monp. other thlaga, 

a4 oblle,ated to 0ollsat or 

sa by Dsoainber 81, 19.088, the 

'ills Cduaty twn ba served bp eXlarl.ng 

110 swki soft8 for dellnpucnt ~t6xa8 

sntloned; . . .= Tbls a~rooaent thsn 

re, Ita $8 ,tha order oi thio aoust that 

o pmde& for fa that abma aontraat 

be a,n$ 'the ram ie harebr erts~ded, sabJ9dt to the epprovaL it the State Cowptrollar, ftw e period of mmen 

aionths, ta end July 30th 19S9. 
ECJII. Cecs. h. Sheppard, Pa6e 2 

"It is the furtkr order of this court that save 

for the extention In the time, as above set out, for 

the rlline or such tax suits and the oarrying or aame 

to final 3udgment. no furthdr ohango or alteration ia 

tc be made in the ori6inal contract herelnabovt refsrred 

to and the r-aord to which referenoe ia here mad0 for 

all purposes." 

Paragraph No. VIII of the original delinquent tax oontract 

between said parties reads as tollowe; 

"This contraot ahall be in foroe from hay 17, 1937 

to Deaamber 31,,;1938, both dates inclual~e, (not to 

extend beyond December 31 of the year rollow:ng the date 

of this contrcct) and at the expiration of said period, 

this contract shall terminate, oxoept the aontraotor 

ahall be allowed six montha in which to proseauta to 

final judgment suite tllcd prior to Daoember 31, 1998, 

terudnating date of thie oontraoti provided, the CommIssionera* Court and the State Comptroller shall have 

the right to sooner terminate tbia contraot ror oauaa 

by glring thirty (30) daya' written notice of auah 

intention, with a atatement of the aauae or reason for 

suoh termination, after giving Second Party a reasonabla 

opportunity of explalnlng or reotifylng the same. In 

oaaa of such termination, Seoond Party shall be entitled 

to reoeive end retain all compensation due up to the 

date of' aald termlnatlon." 

Under the original contract, the only authority left 

in the aontraatlng attorney after Deaember 31, 1938, was to 

proeeaute to final judgment suite filed prior to that date. The 

term *terminating date of this contraot" la merely deaarlptlve of 

the lrmedlately preaeding words *December 31, 19S8.n Had the worde 

"Deaember 31, 1938" appearing at that point ln the ooatraot been 

eliminated therefrom so that hr. Gllllam would have been allowed 

six months in which to prosecute to final judgment suita filed 

prior tom the terminating date oi the contraot, and had auoh termlnating date then been oxtended to Suly 30, 1939, the goaitlon 

would be more plausible that he should thereafter have air month8 

in which to complete suits filed prior to July SO, 19S9. The 

reaitationa in the extension agreement disclose a need of more 
Ron. Gso. 3. Yhepgard, Page S 

tize :n which to ocllcot and ?nstltute stiite but make no msntlon 

of she mod of addltloce3 tine to oomplste pending suits,. It :s 

our opinion that under the ertsnelon oontraot 21s. Gllliem acquired 

LIO ri< arter July 30, X3$, to COlU~h3t8 aUft8 riled prior to t&at 

date. If it is desired that he shall perfmiu that 80IviOt3, another 

atpmrmd should be sntereU into to tkt o?fect besad upcn e new 

waiver by the present county attorney. 

Yours very truly 

A7!TORRYY GTCFRAL OF TEXAS 

APPROVED JKJL 19, 1939