The Court issued this
per curiam opinion today in Long Trusts v. Griffin discussing whether parties may share in a litigation recovery when, despite an agreement to pay ongoing litigation costs that were to be billed monthly, they refused to pay months of accumulated bills and whether the Statute of Frauds avoids the working-interest holder’s obligation to convey interests in producing gas wells in exchange for sharing drilling and operating costs because the interests could not be reasonably ascertained. The Court held that (1) the breach in failing to pay accumulated bills was not excused because a party, demanding to share in the litigation recovery, treated the agreement as continuing, not as terminated, and (2) the leases were not sufficiently identified, making past leases subject to the Statute of Frauds as well as future ones under the agreement. (part of the summary taken from the Texas Supreme Court Advisory).
