Heritage Resources, Inc. v. NationsBank

in which Chief Justice PHILLIPS, Justice CORNYN, Justice ENOCH, and Justice SPECTOR join.

This case involves construction of royalty clauses in several oil and gas leases. Nati-onsBank sued Heritage contending that Heritage deducted transportation costs from the value of NationsBank’s royalty in violation of the leases.

The trial court rendered a partial summary judgment against Heritage deciding liability and damages through 1991. Nati-onsBank amended its pleading to include Heritage’s deductions through 1993. After a bench trial, the trial court awarded Nati-onsBank and other royalty owners…