2001 Trinity Fund, LLC v. Carrizo Oil & Gas, Inc.

SUBSTITUTE OPINION1

KEM THOMPSON FROST, Justice.

Two oil and gas companies, an operator and a non-operator, signed an agreement setting forth the terms and conditions of the non-operator’s participation in certain wells being drilled or to be drilled on some of the operator’s Barnett Shale drilling prospects. After that agreement terminated automatically, the two companies exchanged a series of emails. The jury found that the companies agreed in writing *445to continue under the terms of the terminated agreement without the automatic-termination provision and with a new provision under which the…