Richard F. Brown Seagull Energy E & P, Inc. v. Eland Energy, Inc., 207 S.W.3d 342 (Tex. 2006), determines whether the sale of a non-operating working interest that is subject to an operating agreement releases the seller from its obligations to the operator under the operating agreement. Seagull as operator sued Eland as non-operator and […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Tawes v. Barnes, 340 S.W.3d 419 (Tex. 2011) held that a lessor of lands included within a Joint Operating Agreement (“JOA”) had no right to sue under the JOA, […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Esplanade Oil & Gas v. Templeton Energy, 889 F.2d 621 (5th Cir. 1989), construes the effect of a typical condition found in an agreement to sell producing properties. As […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Exxon Corp. v. Breezevale Limited1 holds that an oral participation agreement for a 2 1/2% working interest is unenforceable under the statute of frauds. Breezevale assisted Exxon for eighteen months […]
Richard F. Brown Geodyne Energy Income Production Partnership I-E v. The Newton Corp., 97 S.W.3d 779 (Tex. App.–Dallas 2003, no pet.), considers the liability of a nonoperator and the nonoperator’s assignee for a proportionate part of plugging and abandoning a well at a cost of $742,409.67. The well ceased production in paying quantities on December […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Cornerstone Land, Ltd. v. Pierce, No. 10-10-00151-CV, 2010 WL 4243677 (Tex. App.— Waco Oct. 27, 2010, pet. denied) (mem. op.), held that, under the merger doctrine, a sales contract is not […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Valence Operating Co. v. Anadarko Petroleum Corp., 303 S.W. 3d 435 (Tex. App.- Texasrkana 2010, no pet.) holds that it is a question of fact as to whether nonconsent operations are […]