However, Conn ceased sending the Hunts bills in 1996 after they indicated they would not pay. The Court agrees that for Conn to have sent monthly bills would have been a "vain and useless act." See J-O'B Operating Co. v. Newmont Oil. Co., 560 So.2d 852, 859 (La.App. 3rd Cir. 1990). Moreover, although Conn withheld. $225,356 of the Hunts' gas proceeds to offset the expenses owed during this time, the Special Master's finding that the. Hunts owe a net amount of $114,927 makes clear that Conn was deprived of the use of its money.
In January 1986, appellants and appellee were named as defendants in an action commenced in Louisiana state court by J-O'B Operating Company, the agent for the former stockholders and employees of Jones-O'Brien, Inc. J-O'B, also a party to the letter agreement, sought to be recognized as an owner of a fractional interest in appellee's sublease of State Lease 5419. J-O'B Operating Co. v. Newmont Oil Co., 560 So.2d 852, 853 (La.Ct.App. 1990), writ denied, 565 So.2d 449-54 (La. 1990). Appellants filed a cross-claim against appellee and others seeking the same relief J-O'B sought.
GUIDRY, Judge. This case was consolidated for trial and appeal with J-O'B Operating Company, Agent for the Former Stockholders and Employees of Jones-O'Brien, Inc. v. Newmont Oil Company, et al., 560 So.2d 852 (La.App. 3rd Cir. 1990), also decided on this date. For the reasons assigned in the aforesaid case, the judgment appealed from is reversed and set aside. It is now ordered, adjudged and decreed that plaintiffs' suit be dismissed. All costs at the trial level and on appeal are to be borne by J-O'B Operating Company, Adobe Resources Corporation and Rebel Oil Company.