Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Diamond Shamrock Exploration v. Hodel, 853 F.2d 1159 (5th Cir. 1988), holds that no royalty is due on take-or-pay payments unless and until gas is actually produced and taken. Gas […]
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. Killam Oil Company v. Bruni, 806 S.W.2d 264 (Tex. Civ. App.–San Antonio 1991, no writ history), holds that Texas royalty owners are not entitled to share in take-or-pay […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. In Judice v. Mewbourne Oil Co., 39 Tex. S. Ct. J. 533 (April 25, 1996) Mewbourne deducted a pro rata part of post-production compression costs from lessor’s royalty. The […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Grace Petroleum Corp. v. Williamson,, S.W.2d(No. 12-93-00101-CV, Tex. App. Tyler, May 12, 1995) considered whether a breach of the lease covenants to prevent drainage and to reasonably develop would support […]
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. Miesch held that false statements made during lease renegotiations may support a cause of action for fraud or for negligent misrepresentation. This case involved failed attempts […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. In Neel v. HECI Exploration Co., 942 S.W.2d 212 (Tex. App. — Austin, Jan. 23, 1997, n.w.h.) the court concludes that the implied covenant to protect the leasehold in […]
CASE OF THE MONTH Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Texas Oil & Gas Corporation v. Hagen, S.W.2d , 31 Tex. S. Ct. J. 140 (December 19, 1987). Hagen owns royalty in gas units largely owned […]
