Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Wednesday, November 4, 2009

Statute of Frauds: Conveyance of Mineral Interest

CONTRACT FOR SALE OF LAND OR INTEREST IN LAND MUST BE IN WRITING [C]ontracts for the sale of real estate are required to be written and signed by the party to be charged. Tex. Bus. & Com. Code Ann. §26.01(b)(4) (Vernon 2009). And, an agreement to convey a working interest in a mineral lease is such a contract. Exxon Corp. v. Breezevale, Ltd., 82 S.W.3d 429, 437 (Tex. App. –Dallas 2002, pet. denied); see also Long Trusts v. Griffin, 222 S.W.3d 412, 416 (Tex. 2006) (stating that a contract for the transfer or assignment of an interest in an oil and gas lease is a real property interest subject to the statute of frauds). So, any alleged oral agreement by Sofamco to convey the working interest Beverly demanded would be unenforceable. STATUTE OF FRAUDS MUST BE PLEADED BY DEFENDANT [T]he Statute of Frauds [is] an affirmative defense. See La Cour v. Lankford Co., Inc., 287 S.W.3d 105, 110 (Tex. App.–Corpus Christi 2009, pet. denied) (holding that a defendant who seeks to prove an affirmative defense via a motion for summary judgment has the burden to prove the elements of the defense). SOURCE: 07-08-0387-CV (Amarillo Court of Appeals) (10/30/09)

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