Legal Opinion
Jim Phyfer v. San Gabriel Development Corp.
Court of Appeals for the Fifth Circuit
Decided September 28, 1989No. 88-4690PublishedCited by 6 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The issue is whether the lease of an oil and gas well terminated automatically upon the lessee’s breach of its terms and, if not, whether, under Mississippi law, the lessor waived or is estopped to assert his right to recover possession of the well. The district court correctly held that the lease did not terminate automatically, and that the lessor, by his course of conduct, is estopped to terminate the lease.
I
Jim Phyfer owned the Thomas D. Smith 9-2 No. 1 oil and gas well and approximately 3,500 acres of land surrounding the well in Holmes County, Mississippi.…
2Cases cited17 opinions
- Allied Chemical Corporation v. Jack MacKay D/B/A MacKay Farms Ltd.Court of Appeals for the Fifth Circuit · 1983
- Koenig v. Calcote Et Ux.Mississippi Supreme Court · 1946
- The Bull's Corner Restaurant, Inc. v. The Director of the Federal Emergency Management AgencyCourt of Appeals for the Federal Circuit · 1985
- Good Hope Refineries, Inc. v. Belia R. BenavidesCourt of Appeals for the First Circuit · 1979
- Minnie E. Haby, Joined Pro Forma by Her Husband, Homer H. Haby v. Stanolind Oil and Gas CompanyCourt of Appeals for the Fifth Circuit · 1956
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Haralson v. E.F. Hutton Group, Inc.Court of Appeals for the Fifth Circuit · 1990
- Phillips v. Federal Deposit Insurance (In Re Phillips)United States Bankruptcy Court, W.D. Texas · 1991
- Wiser v. Enervest Operating, L.L.C.District Court, N.D. New York · 2011
- Faulkner v. Mikron Industries, Inc. (In Re Heritage Organization, L.L.C.)United States Bankruptcy Court, N.D. Texas · 2006
- Fed. Sec. L. Rep. P 95,739, 14 Ucc rep.serv.2d 336 J.B. Haralson, Cross-Appellants v. The E.F. Hutton Group, Inc., Cross-Appellees. The E.F. Hutton Group, Inc., Cross-Appellees v. George J. Aubin, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
1 more not listed; retrieve them via the Exa API.