Schwartz v. Prairie Producing Co.

OPINION

SAM BASS, Justice.

This appeal is from an instructed verdict construing oil, gas, and mineral leases. We reverse and remand for a new trial.

Appellants, the Schwartzes, own mineral interests in two tracts of land on which they executed eight leases that were assigned to appellee, Prairie Producing Company, Inc. Prairie pooled the tracts into two separate gas units that include three producing gas wells. Each well produces sour gas, which is gas that contains hydrogen sulfide.

Prairie contracted with Cities Service Company for delivery of sour gas at the wellhead. Cities Service…