Legal Opinion

Crosby-Mississippi Resources, Ltd., Plaintiff-Appellant/cross v. Prosper Energy Corporation, Defendants-Appellees/cross

Court of Appeals for the Fifth Circuit

Decided October 8, 1992No. 91-1486PublishedCited by 2 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge:

Crosby-Mississippi Resources, Ltd. (CMR) brought this action to recover royalty payments alleged to be due pursuant to a joint operating agreement (JOA) executed between CMR and the defendants (collectively Prosper). Following a bench trial, the district court, finding that Prosper had committed a unilateral mistake in its interpretation of the agreement, rescinded the JOA and dismissed CMR’s complaint for damages. CMR appeals this judgment, and Prosper cross-appeals the district court’s denial of its alternative affirmative defense of mutual mistake. We affirm.

Roy…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Terre Haute Cooperage, Inc. v. BranscomeMississippi Supreme Court · 1948
  2. State Highway Commission v. State Construction Co.Oregon Supreme Court · 1955
  3. Johnson v. Consolidated American Life Ins. Co.Mississippi Supreme Court · 1971
  4. Wall v. Wall Et Ux.Mississippi Supreme Court · 1937
  5. Hunt v. DavisMississippi Supreme Court · 1950

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3Cited by2 opinions

  1. Rotenberry v. HookerMississippi Supreme Court · 2003
  2. Clinton Grice Rotenberry, Jr. v. Scottye R. HookerMississippi Supreme Court · 2001

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