Broughton Associates Joint Venture v. Boudreaux

OPINION

TOM GRAY, Justice.

Claiming breach of covenant of warranty of title, Broughton Associates Joint Venture filed suit to recoup an overpayment of bonus consideration paid to Melvin and Dee Ann Boudreaux for an Oil, Gas & Mineral Lease. The jury was instructed that the Boudreauxs had breached the warranty of title and that Broughton’s damages were $172,976.34. The issue of waiver of the breach of warranty was submitted to the jury. Upon a jury finding that Broughton had waived the Bou-dreauxs’ breach of the warranty of title, the trial court rendered judgment that Broughton take nothing…