AMOCO PROD. CO. v. FIRST BAPTIST CHURCH OF PYOTE

No. B-8474.

611 S.W.2d 610 (1980)

AMOCO PRODUCTION COMPANY, Petitioner, v. The FIRST BAPTIST CHURCH OF PYOTE et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 4, 1981.


Attorney(s) appearing for the Case

Thomas B. Cuny, Jr., Houston, W. B. Browder, Jr., Midland, for petitioner.

Wm. Monroe Kerr, Midland, for respondents.


PER CURIAM.

In this suit on a gas lease, the Court of Civil Appeals has recognized an implied covenant by the working interest owner to act in good faith in marketing the gas of its royalty owners. The opinion fails to expressly hold that there is some evidence to support the trial court's finding of a breach of that covenant. It is implicit in the court's reasoning that there was evidence of a breach of the covenant to market in good faith in Amoco's marketing of...

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