The Texas Supreme Court recently decided an interesting contract case involving an agreement to supply water for fracking in Equinor Energy v. Lindale Pipeline.  [Read Opinion here.] Background Fracking is a common method of oil and gas production in the United States.  It involves pumping water down a well into a formation under high pressure, causing the formation to crack open and the oil or gas to flow into the wellbore.  Fracking requires large amounts of water, and companies often contract with water suppliers to transport water to well… Read More →

A recent lawsuit involving a Canadian farmer and a “thumbs up emoji” has generated a good deal of media attention.  The court’s opinion in South West Terminal v. Achter Land & Cattle is an interesting look at contract law meeting new technology. Background South West Terminal (“SWT”) is a grain and crop input company.  Kent Mickleborough is a grain buyer for SWT.  Achter Land & Cattle (“the Farm”) is a farming operation owned by Chris Achter and his father, Bob. Since 2012, SWT purchased grain from the Farm through… Read More →

*NOTE:  In August 2023, the Amarillo Court of Appeals withdrew its initial opinion and issued a new Opinion in the case.  The outcome and most of the analysis was the same.  The only change was based on why the court dismissed the promissory estoppel claim.  The blog post has been edited to reflect the revised Opinion.* When a dispute arose related to a neighbor-to-neighbor farm sale, two lawsuits were filed.  The Amarillo Court of Appeals’ decisions in both Barkley v. Connelly cases offer important reminders for anyone entering into… Read More →

“If one asks why agreements should be memorialized in writing, this case illustrates why.”   With an opening sentence like that, I knew I had to write a blog post about the Amarillo Court of Appeals’ decision in Kongvongsay v. Sayasane.  Although it is not related to agricultural property, the lessons learned are still important for all landowners, sellers, and purchasers. Background In September 2012, Sayasane and Kongvongsay entered into an oral agreement that Sayasane would buy a commercial building in Amarillo from Kongvongsay for $110,000.  Sayasane made a… Read More →

An El Paso Court of Appeals case, Mr. W Fireworks, Inc. v. NRZ Investment Group, LLC, offers important information for anyone seeking to exercise a right of first refusal. [Read opinion here.] (If you’ve been here for a while, you may remember this is not Mr. W’s first case this year involving problems with a right of first refusal.  Click here to read about a case in the Panhandle from last year.) Background  This case involves a lease between landowner, Nathan Lee, and Mr. W Fireworks, Inc. (“Mr…. Read More →