Texas Supreme Court

O. Lee Tawes, Iii, Appellant v. Doris Barnes

April 15, 201154 Tex. Sup. Ct. J. 857

Summary

The Texas Supreme Court held that Doris Barnes cannot enforce the Dominion‑Moose Working Interest Unit Agreement or Joint Operating Agreement against O. Lee Tawes as a third‑party beneficiary or by privity of estate. The Court applied a de novo review of the unambiguous contract and found no clear intent to benefit Barnes, and no assignment creating privity of estate. Consequently, the Court declined to address the remaining certified questions.