Hayes v. Muller

FRUGÉ, Judge

(dissenting).

The trial court had little difficulty in analyzing plaintiffs’ claim in its true light. In a short but thorough opinion, which cited all pertinent statutory provisions and decisions, the Court held that plaintiffs, by alleging on the verbal contract of joint adventure, have not set forth a cause of action. It reviewed the history of the legal status of a mineral lease and properly concluded that while the essence of the contract and of the rights conferred upon the mineral lessee have not been changed, the 1950 statute did accord to the mineral lessee the benefits of…