Sun Exploration and Production Company, Petitioner v. Lynda Benton, Respondent

Summary

The Texas Supreme Court held that the condition precedent in the draft lease – approval of title within 15 days – was not waived by Sun's acceptance and recording of the lease, therefore no breach of contract occurred and Benton recovered nothing; the Court also affirmed that Sun had no cause of action for breach of covenants of seisin and warranty of title because it suffered no damage.