Co-author Trenton PattersonCopano Energy, LLC v. Stanley Bujnoch, Life Estate, et al. asked whether an enforceable easement had been established by email. The trial court and court of appeal said yes (here is our report), holding in favor of landowner the Bujnochs. The Texas Supreme Court reversed.
How to almost
Email is the way we communicate these days. Whether emails create a contract is important if you’re thinking nothing short of scribblings on a piece of old parchment could ever bind anybody or, to the contrary, your goal is to establish an enforceable agreement. Before hitting “send”, consider Bujnoch v. Copano. Questions of fact precluded a summary judgment denying an agreement. A jury will decide the question.
Continue Reading Can Emails Establish an Easement in Texas?
Contract law 101: To have a binding contract there must be an offer and an acceptance. And so it is in oil and gas leasing in Louisiana. Thus, in Ballard v. XTO there was no binding agreement to take a lease.
A landowner representing an unknown number of potential lessors