Logourl black
From our private database of 14,200+ case briefs...

Boldrick v. BTA Oil Producers

Texas Court of Appeals
222 S.W.3d 672 (Tex. App. 2007)


Facts

BTA Oil Producers (BTA) (defendant) executed a joint-operating agreement for the exploration and development of a tract of land. Chevron USA, Inc. (Chevron) was the operator under the agreement. The agreement provided that if a working-interest holder chose non-consent status, an interest carved out of that working interest was “chargeable with a pro rata portion of all costs and expenses under the operating agreement in the same manner as if [the carved interest] were a working interest.” BTA assigned an overriding royalty interest on the land to James Boldrick (plaintiff). This overriding royalty interest was assigned expressly subject to the terms of the operating agreement. Chevron drilled a producing well on the land, but BTA elected non-consent status. As a result of this status, BTA was not entitled to payments from the well’s production until BTA paid the required non-consent penalty to Chevron. Because BTA was not receiving any royalties from the well, Boldrick also was not receiving overriding royalty payments. Boldrick brought suit to recover overriding royalties from BTA. BTA filed a motion for summary judgment, claiming that Boldrick’s overriding royalties were not payable until BTA received its own royalty payments after its non-consent penalties were paid in full. The trial court granted BTA’s motion for summary judgment, and Boldrick appealed.

Rule of Law

Issue

Holding and Reasoning (Hill, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.