Knox Energy, LLC v. Gasco Drilling, Inc.

OPINION AND ORDER

JAMES P. JONES, District Judge.

In this breach of contract action arising under Virginia law, the party alleged to have breached the contract moved at trial for judgment as a matter of law. The parties argued their positions and I announced my intention to grant the oral motion and then discharged the jury. This opinion sets forth my basis for granting the motion. In summary, I find that there was insufficient proof of mutual assent to the contract sued upon and thus it is unenforceable as a matter of law.

I

Knox Energy, LLC, a natural gas producer, filed this action seeking a…