Co-author Brittany Blakey
In Headington Royalty, Inc. v. Finley Resources, Inc., this release was included in an acreage swap agreement:
Headington waives, releases, acquits and discharges Petro Canyon and its affiliates and their respective… predecessors and representatives for any liabilities… related in any way to the Loving County Tract…”
The swap agreement did not explicitly mention Finley Resources, and Finley did not execute the agreement.
Was “predecessors” limited to prior corporate forms of the released party and its affiliates, or did it include predecessors-in-title? The court held that Finley was not a corporate predecessor of Petro Canyon or its affiliates and therefore was not a released party.