Legal Opinion · Dissent

Gulf Oil Corp. v. Southland Royalty Co.

Court of Appeals of Texas

Decided March 15, 1972No. 6187Published

1DissentPreslar, Justice

I respectfully dissent and would reverse and remand this cause to the trial Court. It is my opinion that by the language used the parties have expressed the intention that time lost due to acts of Government shall not count against the term time. They agreed that the full term of “as much longer thereafter as oil or gas * * * are produced” would be modified or limited to fifty years, but the limitation of fifty years would not be reduced by delays resulting from impossibility of performance. My position is that the intent of the parties can be determined by the words they used and there is no…

2Cases cited13 opinions

  1. Fox v. ThoresonTexas Supreme Court · 1966
  2. Southland Royalty Co. v. Pan American Petroleum Corp.Texas Supreme Court · 1964
  3. Harrison v. FortlageSupreme Court of the United States · 1896
  4. Smith v. DavisCourt of Appeals of Texas · 1970
  5. Gruss v. CumminsCourt of Appeals of Texas · 1959

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