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377 Carpenter v. Phelps

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Carpenter v. Phelps, 391 S.W.3d 143 (Tex. App.—Houston [1st Dist.] 2011, no pet.) held that a description of real property does not satisfy the statute of frauds when the description contains […] More...

328 Lyle v. Jane Guinn Revocable Trust

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Lyle v. Jane Guinn Revocable Trust, 365 S.W.3d 341 (Tex. App.—Houston [1st Dist.] 2010, pet. denied) held that an oil and gas assignment in which the assignee agreed to […] More...

021 Trafalgar House Oil & Gas, Inc. v. De Hinojosa

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Trafalgar House Oil & Gas Inc. v. De Hinojosa, 773 S.W.2d 797 (Tex. App.–San Antonio 1989, no writ), was a suit for damages brought by the lessor against the […] More...

035 Huggs, Inc. v. LPC Energy, Inc.

CASE NOTE 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. Huggs, Inc. v. LPC Energy, Inc., 889 F.2d 649 (5th Cir. 1989), concerns the duty of the operator to the nonoperator when a well ceases to […] More...

042 Crowder v. Tri-C Resources, Inc.,

CASE NOTE 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. Crowder v. Tri-C Resources, Inc., 821 S.W.2d 393 (Tex. App.–Houston [1st Dist.] 1991, no writ), concerns the enforceability of an area of mutual interest (AMI) agreement. Crowder and […] More...

080 Eland Energy v. Rowden Oil & Gas, Inc.,

CASE NOTE Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Eland Energy v. Rowden Oil & Gas, Inc., 914 S.W.2d 179 (Tex. App.–San Antonio, 1995, writ den.) involves a farmout under which the farmee was obligated to reconvey the […] More...

118 JVA Operating Co. v. Kaiser-Francis Oil Co.

CASE NOTE Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. JVA Operating Co. v. Kaiser-Francis Oil Co., 11 S.W. 3d 504 (Tex. App. — Eastland 2000, pet. denied) concerns the reservation of a production payment in a […] More...

150 Ridge Oil Co., Inc. v. Guinn Investments, Inc.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Ridge Oil Co., Inc. v. Guinn Investments, Inc., No. 02-0599, 2004 WL 1966096 (Tex. Sept. 3, 2004), is an important case on the temporary cessation of production (“TCOP”) doctrine, lease surrender […] More...

164 ExxonMobile Corporation v. Valence Operating Company

Richard F. Brown ExxonMobil Corporation v. Valence Operating Company, 174 S.W.3d 303 (Tex. App.— Houston [1st Dist.] 2005, pet. filed), holds the operator liable for substantial damages for breach of the uniform maintenance of interest (“MOI”) provision of the parties’ joint operating agreement (“JOA”). The MOI provision was the typical form JOA provision found […] More...

170 EOG Res., Inc. v. Wagner & Brown, Ltd.

Richard F. Brown EOG Res., Inc. v. Wagner & Brown, Ltd., 202 S.W. 3d 338 (Tex. App.—Corpus Christi 2006, pet. filed), construes the meaning of a farmout agreement depth limitation expressed as “the deepest producing interval as obtained in the test well”. Farmor retained the deep rights under a provision in the farmout agreement which […] More...