Flying Diamond Oil Corp. v. Newton Sheep Co.

How courts have described this case

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

• holding remand unnecessary where undisputed facts allow appellate court to \fairly and properly resolve the case on the record\
• recognizing that a mineral owner has an implied easement of ingress/egress over the surface of the land if “reasonably necessary” in a case where the mineral rights owner contracted for broad surface rights in order to facilitate exploration and production of the minerals
• explaining that the absence of necessary findings “on all material issues . . . usually requires remand” because the appellate court cannot “properly resolve the case on the record before it”
• stating that “[a] royalty interest is a share of production, if, as and when there is production, free of the expenses of production.” (quotations can citations omitted)
• stating that \(1) The covenant must 'touch and concern' the land; (2) the covenanting parties must intend the covenant to run with the land\; (3) \'there must be privity of estate\; and (4) the covenant \must be in writing\
• explaining that an appellate court need not remand for factual findings on critical issues \if the evidence in the record is undisputed and the appellate court can fairly and properly resolve the case on the record before it\

Source: CourtListener parenthetical corpus (CC0).