Simpson v. Curtis

OPINION

JAMES T. WORTHEN, Chief Justice.

Bill Simpson and Kay Simpson appeal the trial court’s declaratory judgment in favor of Arden Charles Curtis and Shelby J. .Curtis. The Simpsons raise three issues on appeal. We modify the judgment and affirm, as modified.

Background

On October 12, 2006, the Curtises entered into an earnest money contract to sell the Simpsons approximately eight-five acres in rural Sabine County, Texas. The earnest money contract included the following provision:

F. RESERVATIONS: Seller reserves the following mineral, water, royalty, timber, or other interests: mineral

On…