Kincaid v. Gulf Oil Corp.

675 S.W.2d 250 (1984)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Kincaid v. Gulf Oil Corp.

Court of Appeals of Texas
675 S.W.2d 250 (1984)

SC

Facts

On March 1, 1974, E.D. Kincaid (plaintiff) and F.T. Kincaid each executed an oil and gas lease to Gulf Oil Corporation (Gulf) (defendant). Each lease provided that it would terminate unless Gulf constructed a well or paid an annual delay rental, due on March 1 of each year, or made “a bona fide attempt to pay” the delay rental. Gulf paid rentals under each lease until late 1979. Gulf had discussed with Omega Minerals, Inc. (Omega) the possibility of drilling on the E.D. tract. As a result of these discussions, Gulf temporarily withheld payment on the E.D. tract. Gulf paid the 1980 delay rental on the F.T. tract. On February 29, 1980, Gulf learned that drilling operations on the E.D. tract would not proceed. Gulf instructed Omega to make the rental payment on its behalf. Gulf contacted the bank several times and confirmed that Omega would act on its behalf and deliver a check for the E.D. account. On March 1, 1980, an Omega employee delivered a check for the amount of the E.D. rental. However, the Omega employee inadvertently wrote “F.T.” on the check. On March 3, 1980, after Omega learned of the error, Omega instructed the bank to deposit the check in the E.D. account. E.D. sued in the District Court of Uvalde, Texas, seeking a declaratory judgment that his lease had terminated. The trial court ruled in favor of Gulf, and E.D. appealed.

Rule of Law

Issue

Holding and Reasoning (Cantu, 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 745,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead 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.

    Learn about our approachRead more about Quimbee

Here's why 745,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 745,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership