Cited by
Opinions in Louisiana that cite Eota Realty Co. v. Carter Oil Co., 74 So. 2d 30.
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Goodrich v. Exxon Co., USA
608 So. 2d 1019
La. Ct. App. 3d Cir. 1992
(1954); Wadkins v. Wilson Oil Corp., 199 La.
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Taussig v. Goldking Properties Co.
495 So. 2d 1008
La. Ct. App. 3d Cir. 1986
(1954) ; Wadkins v. Wilson Oil Corp., 199 La.
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Andrew Dev. Corp. v. West Esplanade Corp.
347 So. 2d 210
La. 1977
(1954); Fox v. Doll, 221 La.
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Johnson v. Thompson
229 So. 2d 131
La. Ct. App. 1st Cir. 1969
(1954); Hoth v. Schmidt, 220 La.
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Sellers v. Continental Oil Company
168 So. 2d 435
La. Ct. App. 3d Cir. 1964
Nunley v. Shell Oil Company, La.App.
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Schnitt v. Woods
125 So. 2d 451
La. Ct. App. 1st Cir. 1960
But we do particularly stress another principle which is emphasized in the above, and almost innumerable other cases, that the instrument of lease and the facts constituting the understanding of the parties thereto constitute the essential factors upon which the issue of cancellation, vel non, must be determined; , , citing LSA-C.C.
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Rushing v. Griffin
121 So. 2d 229
La. 1960
417 , , $2,500; Eota Realty Co., , , $4,500.
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Sohio Petroleum Co. v. Millers
112 So. 2d 695
La. 1959
* * * ” Later, the above-stated principles were affirmed in Eota Realty Company, , and Wier v. Grubb, 228 La.
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Sohio Petroleum Company v. Miller
112 So. 2d 695
La. 1959
* * *" Later, the above-stated principles were affirmed in Eota Realty Company, , and Wier v. Grubb, 228 La.
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Middleton v. California Company
112 So. 2d 704
La. 1959
1028 , , Eota Realty Company, , and Wier v. Grubb et al., 228 La.
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Melancon v. Texas Company
89 So. 2d 135
La. 1956
This Court has allowed attorney’s fees in suits for partial cancellation of leases in three recent cases: , ; Wier v. Grubb, 228 La.
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Nunley v. Shell Oil Company
86 So. 2d 62
La. 1956
wherein this Court ordered a partial cancellation of the lease on the ground that no well had been drilled on the property and the primary term had expired, attorney's fees were allowed under the provisions of LSA-R.S.
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Nunley v. Shell Oil Company
76 So. 2d 111
La. Ct. App. 2d Cir. 1955
nly of the expected royalty from production pursuant to the lease, but of the privilege of making some other arrangement for availing himself of the mineral content of the land.'" The rule set forth in the Carter case to the effect that the main consideration of a mineral lease is the development of leased *115 premises was reiterated in the recent case of Eota Realty Co., , , in which the cancellation of the lease on a portion of the property covered thereby was sustained on the ground of failu