Bouterie v. Kleinpeter’s Empirical Analysis

Citation profile

4 federal appellate · 12 state decisions

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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Where royalties are concerned, since no stipulated date for payment is set, the jurisprudence is to the effect that failure to pay production royalties for any appreciable length of time without justification amounts to an active breach which terminates the lease without the necessity of putting in default."”

   2 later decisions quote this exact passage
   e.g. Bouterie v. Kleinpeter · Bourgeois v. EXXON CORPORATION

2. ““ * * * there is no sound reason to make the express obligation to pay rentals or royalties subject to a notice of default clause. Brumby, Negotiations from Lessor’s Viewpoint, L.S.U. Seventh Annual Institute on Mineral Law 45 (1960). Provisions similar to Paragraph 11 have been considered applicable to nonperformance of lease provisions which bring about a forfeiture, as distinguished from nonpayment of rentals and royalties or expiration of the lease term without production which bring about a termination of the lease. 2 Kuntz, Oil & Gas § 26.-13(e) (1962). It is this usage which is relevant to the problem before us. Usage of a term in the oil and gas industry is more persuasive in determining its meaning than dictionary definitions. La.Civil Code arts. 1946, 1947. Thus words in the contract are not necessarily their detached meaning as defined in dictionaries. 2 Kuntz, Oil and Gas § 19.10 (1962). “We hold, therefore, that the term ‘operations’ as used in Paragraph 11 of the leases does not refer to the nonpayment or untimely payment of royalties." (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. 251 So. 2d 659 - Alvord v. Sun Oil Co.

3. ““Paragraph 11 [the default clause of the lease] refers to ‘operations' which are not ‘conducted3 in compliance zmth the lease, and to a situation where lessee is legally required to ‘conduct operations.3 Where these situations exist, lessee is given sixty days after written notice to ‘commence the necessary operations’ to comply with the requirements of the lease. Considering Paragraph 11 in the context of the lease, with particular reference to the use of the word ‘operations’ as it occurs throughout the text, it is apparent that Paragraph 11 does not contemplate, either by its express terms or by implication, that lessor should give written notice to lessee of failure to pay royalties and allow sixty days to comply before suit can be instituted for cancellation. “Payment of royalties is not an ‘operation conducted’ by lessees; nor is it correct to say that the renewal of the obligation to pay royalties is the same as saying, 'commence the necessary operations’ as those terms are used in Paragraph 11." (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. 251 So. 2d 659 - Alvord v. Sun Oil Co.