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Atomic Fuel Extraction Corp. v. Slick's Estate

Supreme Court of Texas
May 4, 1966
403 S.W.2d 784 (Tex. 1966)
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Summary

applying the doctrine of inequitable forfeiture to prevent forfeiture where a lessee failed timely to pay rent, which represents an analogous, but distinct, line of Texas caselaw

Summary of this case from Pizza Inn, Inc. v. Clairday
See 4 Summaries

Opinion

No. A-10653.

July 14, 1965. Rehearing Denied May 4, 1966.

Appeal from the 131st District Court of Bexar County

Sears Burns, Houston, W. R. Smith, San Antonio, John H. Tippit, Denver, Colo., for petitioner.

Carl Wright Johnson and Nat L. Hardy, Stahl Sohn, Cox, Smith Smith, San Antonio, for respondents.

PER CURIAM.

We refuse the application for writ of error with the notation 'no reversible error.' 386 S.W.2d 180. However, such action is not to be construed as approval of that part of the Court of Civil Appeals' opinion which holds that only nominal damages may be recovered for the loss of sales of uranium concentrates.

POPE, J., not sitting.

Summaries of

Atomic Fuel Extraction Corp. v. Slick's Estate

Supreme Court of Texas
May 4, 1966
403 S.W.2d 784 (Tex. 1966)

applying the doctrine of inequitable forfeiture to prevent forfeiture where a lessee failed timely to pay rent, which represents an analogous, but distinct, line of Texas caselaw

Summary of this case from Pizza Inn, Inc. v. Clairday

noting that "the law abhors a forfeiture"

Summary of this case from James Constr. Grp. v. Westlake Chem. Corp.

In Sirtex, the Texas Supreme Court stated that the facts of the case "well illustrate why the law abhors a forfeiture" and further wrote that, under such conditions, equity should afford relief even if a condition rather than a covenant was involved.

Summary of this case from Buffalo Pipeline Co. v. Bell

In Sirtex, the instrument in dispute was a surface lease for oil production facilities which had a term that was co-extensive with an oil, gas and mineral lease.

Summary of this case from Buffalo Pipeline Co. v. Bell
Case details for

Atomic Fuel Extraction Corp. v. Slick's Estate

Case Details

Full title:ATOMIC FUEL EXTRACTION CORPORATION, Petitioner, v. ESTATE of Tom SLICK et…

Court:Supreme Court of Texas

Date published: May 4, 1966

Citations

403 S.W.2d 784 (Tex. 1966)

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