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HECI EXPLORATION CO. v. NEEL

No. 97-0403.

982 S.W.2d 881 (1998)

HECI EXPLORATION COMPANY and Browning Oil Company, Inc., Petitioners, v. Russell H. NEEL, Sr., Russell H. Neel, Jr., LeRoy K. Neel, and Kathleen Neel Insall, Respondents.

Supreme Court of Texas.

Decided October 29, 1998.

Rehearing Overruled February 4, 1999.

Attorney(s) appearing for the Case

Michael E. McElroy, Harlan Hentges, Pamela Stanton Baron, Austin, for petitioners.

Harvey F. Cohen, Austin, for respondents.

OWEN, Justice, delivered the opinion of the Court.

This is a suit by royalty owners against their lessee. The court of appeals reversed in part a summary judgment for the lessee, holding that an oil and gas lease includes an implied covenant that a lessee will notify royalty interest owners (1) of the need to sue an operator on an adjoining lease for damage to the common reservoir, and (2) that the lessee intends to sue. 942 S.W.2d 212...

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