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· 9/30/2021

Continental Resources v. Armstrong

Citations

  • 2021 ND 171

Syllabus

An argument is without merit if the party does not provide supportive reasoning or citations to relevant authorities. When ambiguity exists in an instrument conveying oil and gas interests, the parties' intent is a question of fact requiring factual findings based on extrinsic evidence. When the operator of an oil and gas well has relied to its determent on a division order signed by an underpaid royalty owner, the underpaid owner is estopped from recovering from the operator. The estopple rule does not apply when the underpayments are not made according to a signed division order.

Judges: McEvers, Lisa K. Fair

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