Heritage Resources, Inc. v. Nationsbank

GONZALEZ, Justice, joined by CORNYN, SPECTOR, and ABBOTT, Justices,

dissenting on motion for rehearing.

The contract at issue clearly denotes the parties’ intent that “there shall be no deductions from the value of Lessor’s royalty by reason of any ... cost of ... transportation.” The Court’s unprecedented refusal to enforce the contract as written has generated quite a controversy. Since our original opinions issued on April 25, 1996, the following educational institutions, charitable organizations, independent mineral and royalty owners, and oil and gas practitioners have filed amicus curiae…