Humble Oil & Refining Co. v. Trapp

BLAIR, Justice.

I respectfully dissent from the majority holding that as a matter of law there was no evidence to sustain the jury’s findings (1) that Humble unreasonably delayed the bringing of this suit to test the validity of the permit to drill the well, and (2) that by reason of such delay heavy expenses were incurred in drilling the well which would not have been otherwise incurred. If such defense of laches or estoppel were established, the questions of whether the well was necessary to prevent confiscation or waste, or whether Humble was estopped by contract not to interfere by suit…