Blackmore v. Davis Oil Co.

I disagree with that said in the majority opinion in only two respects:

I

I question the characterization of the affidavit of a consulting petroleum engineer as “merely” expressing his opinion on the question of whether or not the drilling was on the “prospect” of Blackmore. Even if performance by appellees under the contract necessitated the use of Blackmore’s geology — an element that is certainly not in the contract as drawn by appellees — expert testimony in the form of an opinion is the only available evidence to counter a bald assertion that the geology was not used. The affidavit set…