Aluminum Company of America v. Benz-Stoddard

ARCHER, Chief Justice.

This is an appeal from an order sustaining appellees’ special exceptions and holding that as a matter of law appellee Claire Benz-Stoddard is entitled to well completions in all reservoirs underlying her .115 acre townlot tract. The Trial Court dismissed the suit upon appellants’ refusal to amend their petition, because the petition does not state a cause of action for cancellation of the permit granted by the Commission to drill a first well and to complete it in any separate reservoir beneath such tract which may be found to be productive.

This is a Rule 37 case…