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← 139 Tex. 578 - Garcia v. King

Garcia v. King’s Empirical Analysis

1942

Citation profile

165
cited by 165 later decisions
7
states following
May 2017
most recently cited

20 federal appellate · 2 district · 133 state decisions

How this case has been cited

Cited by 165 later decisions — most recently May 2017 · most notably Clifton v. Koontz (1959), Skelly Oil Company v. Archer (1962)

20 federal appellate · 2 district · 133 state decisions

45019421950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Gypsy Oil Co. v. Marsh · Caldwell v. Alton Oil Co. · South Penn Oil Co. v. Snodgrass · Berthelote v. Loy Oil Co. · McGraw Oil Co. v. Kennedy

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 165 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"The lessors should not be required to suffer a continuation of the lease after the expiration of the primary period merely for speculation purposes on the part of the lessees. Since the lease was no longer yielding a profit to the lessees at the termination of the primary period, the object sought to be accomplished by the continuation thereof had ceased, and the lease had terminated."”
    6 later decisions quote this exact passage · from the majority
  2. “‘ “Some authority may be found holding that, if a lease is to continue so long as oil or gas is produced, it is immaterial whether the lease is a paying one or not, for so long as the well drilled produces either oil or gas the lease continues. Thornton’s Law of Oil & Gas, § 150, citing Gillespie v. Ohio Oil Co., 260 Ill. 169 , 102 N.E. 1043 . The construction there given the term ‘produce’ does not appeal to us, because the very purpose of the landowner in executing the lease is to have the oil and gas on the leased premises produced and marketed so that he may receive his royalty therefrom, and the purpose of the lessee is to discover and produce oil and gas in such quantities as will yield him a profit. These are material elements to be considered in the interpretation of the contract, and, if consideration is given these elements, it must be held that the word ‘produce,’ when used in this connection, means something more than mere discovery of a trace of oil or gas, or the discovery thereof in quantities so small as to render operation of the well unprofitable. Such a well would be of no benefit to either party.” ’ 164 S.W.2d at 511 .”
    3 later decisions quote this exact passage · from the majority
  3. ““If a well pays a profit, even small over operating expenses, it produces in paying quantities, though it may never repay its costs, and the enterprise as a whole may prove unprofitable.””
    2 later decisions quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.