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Martin v. Saga Petroleum Corp.

The trial court entered summary judgment declaring that a production payment designated as Production Payment "C" in a July 1, 1959, assignment of oil and gas leases terminated with respect to four tracts of property. Based on the terms of the assignment, the trial court erred in granting summary judgment to appellees. The judgment is reversed and remanded. Eastland Court of Appeals, No. 11-09-00167-CV, 11-04-2010

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OPINION

The trial court entered summary judgment declaring that a production payment designated as Production Payment “C” in a July 1, 1959, assignment of oil and gas leases terminated with respect to four tracts of property. Appellants Charles Martin and Benny Martin, individually and as independent coexecutors of the estate of Juanita Wyche, deceased, and as successor executors of the estate of Charles D. Wyche, deceased, are successors-in-interest to one of the “Sellers” identified in the assignment. Appellees Saga Petroleum Corporation, Saga Petroleum LLC, Forest Oil Corp. f/k/a Forcenergy Gas Corp., KAB Acquisition L.P. II, William H. Dorsey, and Charles E. Fox are successors-in-interest to the “Buyer” identified in the assignment. In their sole appellate issue, appellants assert that the trial court erred in granting summary judgment to appellees. We reverse and remand this cause to the trial court for further proceedings consistent with this opinion.

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