PILKINTON v. ASHLEY ANN ENERGY, L.L.C.

No. 46,650-CA.

77 So.3d 465 (2011)

Roy L. PILKINTON and Amy H. Pilkinton, Plaintiffs-Appellees v. ASHLEY ANN ENERGY, L.L.C., Chesapeake Operating, Inc., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

November 2, 2011.


Attorney(s) appearing for the Case

Baker Donelson Bearman , Caldwell & Berkowitz, PC, New Orleans, LA, by Kenneth M. Klemm , Adam B. Zuckerman , Paul K. Colomb, Jr. , for Appellants.

Downer, Huguet & Wilhite, L.L.C., Shreveport, LA, by Philip E. Downer, III , M. Amy Burford McCartney , for Appellees.

Before CARAWAY, PEATROSS and MOORE, JJ.


CARAWAY, J.

In this case, the appellants recognized that the landowners' property was subject to an existing oil and gas lease that might terminate in four months at the end of the primary term of that lease. Appellants negotiated with the landowners an agreement for a new lease that would become effective the day after the primary term ended for the existing lease. The appellants paid the landowners the negotiated amount for the contract with a draft conditioned...

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