Legal Opinion

Wes-Tex Land Co. v. Simmons

Court of Appeals of Texas

Decided May 18, 1978No. 5186PublishedCited by 18 opinions

1Opinion of the Court

BRADBURY, Justice.

This case seeks cancellation of an oil and gas lease assignment and damages. James R. Simmons was lessee of an oil and gas lease dated May 21, 1975, with a three-year primary term. On July 15, 1975, Simmons assigned the lease to Wes-Tex Land Company retaining an override of l/16ths of 8/8ths of production. Wes-Tex had not developed the lease and indicated it did not plan to. In a nonjury trial, the court awarded Simmons $5,000 as damages and decreed cancellation of the assignment. We affirm as to damages and reverse and remand as to cancellation.

Simmons contends that as…

2Cases cited14 opinions

  1. Waggoner Estate v. Sigler Oil Co.Texas Supreme Court · 1929
  2. Freeport Sulphur Co. v. American Sulphur Royalty Co.Texas Supreme Court · 1928
  3. Grubb v. McAfeeTexas Supreme Court · 1919
  4. Texas Pacific Coal & Oil Co. v. BarkerTexas Supreme Court · 1928
  5. Zara Foster v. The Atlantic Refining Company, the Atlantic Refining Company v. Zara FosterCourt of Appeals for the Fifth Circuit · 1964

9 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Coastal Oil & Gas Corp. v. Garza Energy TrustTexas Supreme Court · 2008
  2. Kerr-McGee Corp. v. HeltonTexas Supreme Court · 2004
  3. Moncrief v. HarveyWyoming Supreme Court · 1991
  4. County Management, Inc. v. ButlerCourt of Appeals of Texas · 1983
  5. United States Steel Corp. v. WhitleyCourt of Appeals of Texas · 1982

13 more not listed; retrieve them via the Exa API.

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