Wednesday, September 2nd, 2015
Richard F. Brown   Trenolone v. Cook Exploration Company, 166 S.W.3d 495 (Tex. App.—Texarkana 2005, no writ), examined the rights of the surface owner and the mineral lessee in an abandoned pipeline. In 1961, Cities Service acquired a pipeline right-of-way easement under what eventually became Trenolone’s residential neighborhood. The easement provided:   This right-of-way agreement […]

Tuesday, September 1st, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Paradigm Oil, Inc. v. Retamco Operating Inc., 330 S.W.3d 342 (Tex. App.—San Antonio 2010, pet. granted) (Fraud based on concealment of payout); Paradigm Oil, Inc. v. Retamco Operating, Inc., […]

Tuesday, September 1st, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Coe v. Chesapeake Exploration, L.L.C., 695 F.3d 311 (5th Cir. 2012), held that a purchase and sale agreement was a valid and binding contract under the statute of frauds […]

Tuesday, September 1st, 2015
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. […]

Monday, August 31st, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Bright v. Johnson, 302 S.W.3d 483 (Tex. App.—Eastland 2009, no pet.), held that a reservation of minerals in a contract described as “All of Record” was a reservation of […]

Monday, August 31st, 2015
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 […]

Monday, August 31st, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.   Preston Exploration Co. v. Chesapeake Energy Corp., 716 F. Supp. 2d 656 (S.D. Tex. 2010)held that for a Purchase and Sale Agreement (“PSA”) to be enforceable, the leases described […]