Texas Pacific Coal & Oil Company v. Mrs. Suda Barker

Summary

The Texas Supreme Court reversed the lower courts and remanded for a new trial because the petition failed to state a sufficient cause of action for damages and the proper measure of damages is the full value of the royalty the lessor would have received had the lessee exercised reasonable diligence. The Court also affirmed that the lessee’s duty is to act with ordinary care and that specific performance was not warranted on the record.