Legal Opinion

Pickens v. Hope

Texas Court of Appeals, 4th District (San Antonio)

Decided December 7, 1988No. 04-87-00475-CVPublishedCited by 31 opinions

1Opinion of the Court

OPINION

BISSETT, Justice (Assigned).

The controlling issue to be resolved in this appeal is whether the mineral fee owner (the holder of the executive rights) has breached a duty owed to the owner of a term non-participating royalty interest (the non-executive) by failing to lease his land to another for the development and production of tar from a deposit of tar underlying the land, or by failing to develop and produce the tar himself. In order to decide whether there has been a breach of duty, we must determine the standard of duty owed to the non-executive and whether the standard is…

2Cases cited23 opinions

  1. Amoco Production Co. v. AlexanderTexas Supreme Court · 1981
  2. Manges v. GuerraTexas Supreme Court · 1984
  3. Slay v. Burnett TrustTexas Supreme Court · 1945
  4. Clifton v. KoontzTexas Supreme Court · 1959
  5. Schlittler v. SmithTexas Supreme Court · 1937

18 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. C & H NATIONWIDE, INC. v. ThompsonTexas Supreme Court · 1994
  2. Marrs & Smith Partnership v. D.K. Boyd Oil & Gas Co., Texas Court of Appeals, 8th District (El Paso)2005
  3. Marathon Oil Co. v. Moye, Texas Court of Appeals, 5th District (Dallas)1994
  4. Walker v. Federal Kemper Life Assurance Co., Texas Court of Appeals, 4th District (San Antonio)1992
  5. Graham v. ProchaskaCourt of Appeals of Texas · 2013

26 more not listed; retrieve them via the Exa API.

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