Berman v. Brown

I take issue most vigorously with the implication in the majority opinion that the basis of the decision on rehearing is a rejection of - this court’s conclusion as to a contention made on original hearing. The argument was not made on original hearing or on rehearing that the obligation in the transfer from Mirandona and Chauvin to Montagnet was one which, because of its nature, woiild not be binding on sublessees. No contention has ever been advanced by defendant that this royalty obligation was a personal obligation rather than a real one, and a cursory study of the jurisprudence and the…