Martin v. Lott

GUITTARD, Justice.

This appeal is from a summary judgment denying plaintiff Stanley Martin specific’ performance of a letter agreement concerning repurchase of a certain overriding royalty he had previously conveyed to Patricia Patterson, deceased. The court ruled that by accepting payments made to him as life tenant under Miss Patterson’s will, plaintiff made a binding election which bars him from enforcing the letter agreement, We hold that plaintiff was required to elect, but that such an election has not been established as a matter of law, and we remand for further proceedings.

The letter…