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Industry Custom Does Not Supersede Contract Language

In Barrow-Shaver Resources Company v. Carrizo Oil & Gas, Inc the Supreme Court of Texas has held again, here in a consent-to-assign dispute, that a contract means what the words say, even if in negotiations a landman said...more

Fraud Claim Rejected for Unreasonable Reliance

The ruling from the Supreme Court of Texas in JP Morgan Chase Bank, N.A., et al v. Orca Assets, G.P., L.L.C. was foreseeable. Experienced energy professionals who pass on the opportunity to examine title for themselves are...more

An Oil Patch Morality Play – Part 2

We recently discussed Freeman v. Harleton. The opinion shows the transaction as a bunco job. Here’s more: Bufkin and Wayne Freeman have done business together since the 1980s. They had a co-development agreement with...more

An Oil Patch Morality Play – Part 1

You are selling properties. The buyer thinks you own the deep rights but you know your long-time partner owns them. You attend the closing. You don’t tell the buyer that he’s got the ownership wrong. You are protected by a...more

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