DOW CHEMICAL CO. v. WARMACK

No. 83-215.

661 S.W.2d 376 (1983)

281 Ark. 77

The DOW CHEMICAL COMPANY, Appellant, v. J.B. and Joy WARMACK, Appellees.

Supreme Court of Arkansas.

December 12, 1983.


Attorney(s) appearing for the Case

Keith, Clegg & Eckert, Magnolia, for appellant.

Anderson, Crumpler & Bell, P.A., Magnolia, for appellees.


GEORGE ROSE SMITH, Justice.

In 1982 the appellees, husband and wife, agreed to lease fourteen-and-a-third acres of land to the appellant for the production of salt water (brine), from which bromine is to be extracted. When the Warmacks tendered a lease, Dow refused to accept it for the asserted reason that the Warmacks had only a non-participating interest in the minerals and therefore lacked the authority to execute a lease. In what is perhaps a test case the Warmacks...

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