Sparks Bros. Drilling Co. v. Texas Moran Exploration Co.

The court concludes the evidence is insufficient to support the trial court’s money judgment against a nonoperating working interest owner held jointly liable qua mining partner for the unpaid services and materials provided to the well operator. The court’s opinion reverses the nisi prius decision and remands the cause for a determination of the liens’ priority order.

*955I must recede from the court’s pronouncement which is grounded solely on the perceived lack of evidence to meet the third prong of the then-effective common-law test for determining mining partnership status1—i.e., the existence…