Bifano v. Young

I respectfully dissent. This is a suit on a written lease agreement. The majority opinion states the facts of the case and the evidence before the trial court.

I believe that Sun Oil Company (Delaware) v. Madeley, 626 S.W.2d 726 (Tex.1981), is controlling in this case. Sun Oil involved the construction of an oil and gas lease. The issue before the court was “are the lessors entitled to one-half the proceeds from the ⅞ working interest gas?” For the more than forty years of production, Sun Oil had paid to lessors, in addition to other sums, one-half the working interest gas. Then, gas wells…