Booth v. Cochran

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “the non-breaching party is relieved from any obligation to perform” only “[i]f a breach constitutes a material failure of performance”
• stating that “[r]oyalty-based leases are to be construed in a manner designed to promote the full and diligent development of the leasehold for the mutual benefit of both parties.”
• concluding that a lessor in an oil and gas lease was entitled to enforce a forfeiture clause in the lease based on the lessee’s breach by failure to pay royalties and notwithstanding a settlement agreement between the lessor and lessee regarding the amount of the royalties
• applying Lord to a civil case and finding waiver for failure to raise issue in concise statement
• stating that it would “impede[ ] logic” for the oil and gas industry to develop a lease “that allows a lessor to declare a forfeiture for failure to make a royalty payment after a well has been completed and oil or gas is being produced”
• “When performance of a duty under a contract is due, any nonperformance is a breach.”

Source: CourtListener parenthetical corpus (CC0).