McMILLAN v. DOOLEY

No. 11-02-00192-CV.

144 S.W.3d 159 (2004)

Jimmie R. McMILLAN; Bruce W. McClymond; FOAG, Inc.; First National Bank Albany/ Breckenridge; Orison F. "Mack" McDonald, II; McDonald Investments, Inc.; and Ole Chaparral on Possum Kingdom, Appellants, v. Sammy J. DOOLEY; Myron R. Johnson, Jr.; and W. Don Smith, Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Overruled October 7, 2004.


Attorney(s) appearing for the Case

Alfred G. Allen, Turner & Allen, Graham, John R. Cook, Breckenridge, for appellants.

Kerwin B. Stephens, Stephens & Myers, Graham, for appellees.

Panel consists of: WRIGHT, J., and McCALL, J., and McCLOUD, S.J.


Opinion

AUSTIN McCLOUD, Senior Justice (Retired).

This appeal involves the enforcement of preferential purchase rights in a package conveyance of oil and gas leases. Three of the leases conveyed in the package were subject to rights of first refusal in favor of the original lessees of the leases. The owner of the leases failed to comply with the notice requirements of the preferential purchase provisions prior to conveying the leases. The trial court awarded...

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