Clark v. Perez

OPINION

BUTTS, Justice.

This is an appeal from a summary judgment in an oil and gas case. Plaintiffs, Elva and Miguel Perez, and defendant, J.O. Clark, Jr., filed motions for summary judgment. The trial court granted the plaintiffs’ motion, denied the defendant’s, and defendant appeals. We affirm in part and reverse and render in part.

On March 13, 1964, the Perezes entered into an oil, gas, and mineral lease with J.O. Clark, Jr. [and Aaron Clark], covering some 331.3 acres in Starr County. On January 19, 1966, plaintiffs entered into an identical lease with Pioneer Corporation, covering 721…