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

Summary

The Texas Supreme Court denied Cobra Oil & Gas Corporation's petition for mandamus, holding that the first rental under Article 5395 is due after the award and within the thirty‑day period of Article 5397, and that the Commissioner may, at his discretion, forfeit the award and refuse a late tender. The Court affirmed the lower court's denial of relief. Justice Greenhill dissented, arguing that no forfeiture occurred before the tender and that Cobra was entitled to mandamus; Justice Smith concurred in the denial, contending that no contract existed because the initial rental was never paid.