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Douglas C. Kittelson, Attorney

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Year: 2011

Carried Interest Defined

A “carried interest” in an oil and gas lease is a fractional interest that is free of some or all costs of exploring, drilling, and completing the well.

Doug September 9, 2011September 9, 2011 Oil & Gas, Oil & Gas Law Read more

Oil and Gas Working Interest Defined

The oil and gas working interest is the right to the mineral interest granted by an oil and gas lease, so called because the lessee acquires the right to work on the leased property, search, develop, and produce oil and

Doug September 9, 2011 Oil & Gas, Oil & Gas Law Read more

Oil and Gas Royalty Defined

An oil and gas royalty is a share of the product or profit from real property, reserved by the grantor of a mineral lease in exchange for the lessee’s right to mine or drill on the land. Black’s Law Dictionary

Doug September 9, 2011 Oil & Gas, Oil & Gas Law Read more

Rule of Capture

That rule of capture gives a mineral rights owner title to the oil and gas produced from a lawful well bottomed on the property, even if the oil and gas flowed to the well from beneath another owner’s tract. The

Doug September 9, 2011 Oil & Gas, Oil & Gas Law Read more

No Evidence Motion for Summary Judgment

Under Rule 166(a)(i), Texas Rules of Civil Procedure, after adequate time for discovery a no-evidence summary judgment motion may be urged on the ground that there is no evidence of one or more essential elements of a claim or defense

Doug September 7, 2011 Civil Procedure, Texas Cases Read more

Unilateral Mistake

To establish the existence of a unilateral mistake, a party must show (1) the mistake was of so great consequence that to enforce the contract as made would be unconscionable; (2) the mistake relates to a material feature of the

Doug September 5, 2011September 2, 2011 Breach of Contract, Contract Disputes, Contracts, Texas Cases Read more

Objective Intent and Harmonization

In construing a written contract, the court’s primary concern is to ascertain the parties’ true intentions as expressed in the instrument. Forbau v. Aetna Life Ins. Co., 876 S.W.2d 132, 133 (Tex. 1994); Coker v. Coker, 650 S.W.2d 391, 393

Doug August 28, 2011September 1, 2011 Breach of Contract, Contract Disputes, Contracts, Texas Cases Read more

Mutual Mistake

A mutual mistake of fact occurs when the parties to a contract have a common intention, but the written contract erroneously reflects the intention due to a mistake on the part of both parties. Lacy v. Ticor Title Ins. Co.,

Doug August 21, 2011September 1, 2011 Breach of Contract, Contract Disputes, Contracts, Texas Cases Read more

Integration and Parol Evidence

Absent pleading and proof of ambiguity, fraud, accident or mistake, a written instrument presumes that all prior agreements of the parties relating to the transaction have been merged into the written instrument and, therefore, that it is fully integrated. Weinacht

Doug August 14, 2011September 2, 2011 Breach of Contract, Contract Disputes, Contracts, Texas Cases Read more

Breach of Contract

In a claim for breach of contract, a complaining party must show: (1) the parties entered into a contract; (2) the contract created duties; (3) one party breached the duties; and (4) another party sustained damages. Shelton Ins. Agency v.

Doug August 7, 2011September 1, 2011 Breach of Contract, Contract Disputes, Contracts, Texas Cases Read more
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