Texas Supreme Court

Pathfinder Oil & Gas, Inc. and Cathlind Energy, LLC, Petitioners v. Great Western Drilling, Ltd., Respondent

May 24, 2019574 S.W.3d 882

Summary

The Texas Supreme Court held that the parties' pre‑trial stipulation limiting the jury to three issues waived Pathfinder's burden to prove it was ready, willing, and able to perform, making specific performance proper once the contract was found enforceable and breached. The Court reversed the Court of Appeals and remanded for consideration of the remaining appellate issues.