Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Kidd v. Hoggett

Texas Court of Civil Appeals
331 S.W.2d 515 (Tex. Civ. App. 1959)


Pierce Hoggett and his wife (plaintiffs) owned a tract of land subject to an oil and gas lease. Barron Kidd and A.W. Cherry (defendants) were the owners of the lease. The lease contained a shut-in royalty clause under which the lease would be extended if there was a producing well on the property, but there was no market for the produced gas. The clause provided that in such a scenario, the defendants would not extract gas, but would pay an annual royalty to the plaintiffs. The defendants told the plaintiffs that their gas well was producing, but that there was no market for the gas. The defendants thus paid the plaintiffs a royalty, and the lease term continued. In reality, however, the well was not producing gas and a nearby gas company, Junction Natural Gas Company (Junction), was in desperate need of gas. Upon learning of Junction’s need, the plaintiffs requested a release of the lease, but the defendants maintained that the gas well was producing. Around this time, the plaintiffs entered into a separate lease with Ray Albaugh. This lease was contingent on the defendants releasing their lease. The defendants continued to refuse to release their lease and as a result Albaugh refused to sign the new lease. The plaintiffs brought suit seeking damages resulting from their loss of the Albaugh lease. The plaintiffs claimed that the suit was to remove the cloud on their title and did not require a showing of malice. The defendants argued that the suit was a claim of slander of title and did require a showing of malice. The trial court found in favor of the plaintiffs, and awarded damages. The defendants appealed.

Rule of Law


Holding and Reasoning (Pope, 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 457,000 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 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial