Shell Offshore, Inc. v. M.H. Marr

WIENER, Circuit Judge:

Plaintiff-Appellant, Shell Offshore Inc. (“Shell”) appeals the district court’s grant of summary judgment in favor of Defendant-Appellee, M.H. Marr (“Marr”) in Shell’s diversity jurisdiction suit for a money judgment. Shell’s claim against Marr is based on his purported anticipatory breach of a written loan agreement between the parties. We reverse the district court’s determination that a provision in the subject agreement to the effect that Marr’s indebtedness to Shell “shall be paid” from a share of Marr’s working interest in certain gas wells constitutes an exclusive…