Texas Supreme Court

Cobra Oil & Gas Corporation, Relator v. Honorable Jerry Sadler

July 24, 196811 Tex. Sup. Ct. J. 597

Summary

The Texas Supreme Court denied Cobra Oil & Gas Corporation's petition for mandamus, holding that the first rental was due after the award and within thirty days, that the Commissioner had discretion to forfeit the awards, and that the Commissioner was not obligated to accept the late tender. The Court affirmed the lower court's denial. Justice Greenhill's dissent argued that no forfeiture occurred before the tender and that the Court lacked jurisdiction, while Justice Smith's concurrence agreed with the denial but on different statutory grounds.