Phillips Petroleum Co. v. Taylor

HOLMES, Circuit Judge.

On petition for rehearing, we have before us a question of law which was 'not fully presented or dealt with on the first appeal of the case. It is whether or not the appellee Gray, as assignor of the mineral lease, under the facts of the case, had an enforceable covenant, either express or implied, to be protected from drainage by his assignee.

In the opinion, 1 we held that the Texas law gave Gray, by implication, an enforceable covenant, and the case of Freeport Sulphur Co. v. American Sulphur Royalty Company, 2 was cited in support of that position. While that case…