Logourl black
From our private database of 14,000+ case briefs...

Wagner & Brown, Ltd. v. Sheppard

Supreme Court of Texas
282 S.W.3d 419 (Tex. 2008)


Facts

Jane Sheppard (plaintiff) owned a one-eighth mineral interest in a tract of land. Sheppard executed an oil and gas lease for the interest with C.W. Resources, Inc. (CWRI). Under the lease, CWRI was permitted to pool the lease with adjacent tracts of land. The pooling clause stated that CWRI had the right to pool “all or any part of the leased premises or interest therein.” The lease also stated that if royalties were not paid to Sheppard within 120 days of oil or gas being sold, the lease would terminate the next month. In accordance with the lease, CWRI signed a pooling agreement for the Sheppard tract. The pooling agreement stated that the parties were pooling the “leases and the lands . . . into a single pooled unit.” Wagner & Brown, Ltd. (Wagner) (defendant) was the operator of the pooled unit. Two wells began producing gas on the Sheppard tract. Proceeds from the production were split in accordance with the pooling agreement. However, Sheppard was not paid royalties within the first 120 days of production. Accordingly, her lease with CWRI terminated. Sheppard filed a motion for summary judgment with the trial court, seeking a determination that the termination of her lease with CWRI also terminated the pooling agreement that was entered into pursuant to the lease. The trial court granted Sheppard summary judgment. The court of appeals affirmed. CWRI appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Brister, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.