Mecom v. Hamblen

2 Citing cases

  1. Moore v. Campbell

    267 F. Supp. 126 (N.D. Tex. 1967)   Cited 3 times
    In Moore v. Campbell, 267 F. Supp. 126 (N.D.Tex. 1967), the United States District Court for the Northern District of Texas determined that, under federal tax law, the assignment of an oil and gas lease was a sublease and that the initial payments to the lessors were ordinary income and not capital gains.

    he question of privity between the original lessor and the assignor or sublessee. That distinction is not believed to be applicable to oil and gas leases, which in this state are not really "leases," but conveyances of a determinable fee. 3 Summers Oil and Gas, p. 612; Earl A. Brown, "Assignments of Interests in Leases," 5th Annual Institute on Oil and Gas Law and Taxation, at p. 31. An assignment of an oil and gas lease reserving an overriding royalty, as far as the state law is concerned, is an assignment; and an assignment containing provisions of its own commonly found in oil and gas leases is nonetheless an assignment. While it is true that in Hamblen v. Placid Oil Co., 279 S.W.2d 127. 131, the Texas Court of Civil Appeals held that an assignment reserving an overriding royalty "technically created a sublease and not an assignment" (citing cases, only two of which related to an oil ad gas lease), this case was reversed and rendered on other grounds by the Supreme Court, sub nom. Mecom v. Hamblen, 155 Tex. 494, 289 S.W.2d 553. Turning now to the federal cases:

  2. Taylor v. Bonilla

    801 S.W.2d 553 (Tex. App. 1990)   Cited 14 times
    In Taylor, damages were sought from New York Life Insurance Company and its agent, Bonilla, for, inter alia, breaches of contract, fiduciary duty, and the duty of good faith and fair dealing.

    Normally, it is roughly synonymous with "compensation." Mecom v. Hamblen, 155 Tex. 494, 289 S.W.2d 553, 557 (1956). We conclude, therefore, that defendants' motion for summary judgment did not present to the trial court the issue of lack of delivery.