Forderhause v. Cherokee Water Co.

The majority holds that it was error to grant summary judgment interpreting the agreement to include leases and to sever the plea for reformation. I disagree on both points and respectfully dissent.

In reversing because of an uncertainty of meaning in the agreement, this Court has not applied well settled law. Whether the parties intended the first option to purchase to apply to a sale or an oil, gas, and mineral lease should not be a factual issue in this case. Even if we assume that an apparent ambiguity exists in the words used in the agreement, our law remains that an oil, gas, and mineral…