pjc-oil-and-gas-2022-lib

L ESSOR -L ESSEE I SSUES

PJC 303.14

PJC 303.14 Question on Failure to Tender Delay Rental Payment QUESTION ______ Did Larry Lessee fail to pay or tender a delay rental payment as provided in the lease? The lease provides [ insert express lease provision ]. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 303.14 should be used when the dispute stems from the les sor’s claim that the lease terminated due to the lessee’s failure to properly pay delay rentals according to the terms of the lease. Source of question. PJC 303.14 is derived from Humble Oil & Refining Co. v. Harrison , 205 S.W.2d 355, 361 (Tex. 1947) (lessee’s failure to comply with terms of delay rental payment resulted in lease termination), and W.T. Waggoner Estate v. Sigler Oil Co. , 19 S.W.2d 27 (Tex. 1929) (failure to drill or to pay delay rental resulted in lease termination).

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