Johnston v. American Cometra, Inc.

ABOUSSIE, Justice.

Appellants, working-interest owners and non-operators of the Mertz # 1 gas well, appeal the summary judgment rendered against them in their suit against American Cometra, Inc., the former operator of the well, for failure to make a take-or-pay claim against Lone Star Gas Company, the purchaser of the gas produced from the well. We will affirm the summary judgment in part, but we must reverse a part of the summary judgment involving the important and novel issue of an operator’s duties to non-operators with respect to the sale of gas. We remand that portion of the cause to…