Prairie Producing Co. v. Martens

GRANT, Justice.

This appeal involves the remaining half of a severed cause of action brought in Brazoria County. Prairie Producing appeals a judgment awarding the Martens $24,200.00 damages for breach of contract concerning a surface use contract in Prairie’s exploratory drilling. Prairie contends that there is no evidence or insufficient evidence to support the jury verdict, and, that the Martens’ recovery is barred by the doctrine of res judicata.

Milbert and Virginia Martens are the surface owners of a 101 acre tract in Brazoria County where Prairie holds a valid mineral lease. Prairie…