The appellant, an oil and gas producer, executed two mineral leases to produce oil and gas from the same mineral estate. The producer appeals an adverse summary judgment in its declaratory judgment action. Under a plain language analysis and considering surrounding circumstances, the lease is unambiguous and calls for an unallocated $1, 750 per acre bonus. The negotiations inform and confirm the lease terms; they do not vary from or contradict the lease provisions. The trial court's judgment is affirmed in part, and reversed and remanded in part. San Antonio Court of Appeals, No. 04-11-00550-CV, 08-30-2013.
BP America Production Co. v. Zaffirini
Tex. App. Dist. 4
August 30, 2013