Sirtex Oil Industries, Inc., Petitioner v. Thelma Erigan, Respondents

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals' reversal of the trial court's directed verdict for Sirtex, holding that the surface lease did not terminate merely because rent was not paid on time and no election to terminate was made; the lease term is a covenant, not a condition, and Sirtex was not entitled to a tender of rent as a matter of law.