Supreme Court of Louisiana, 1974

Desormeaux v. Inexco Oil Co.

Desormeaux v. Inexco Oil Co.
Supreme Court of Louisiana · Decided October 28, 1974 · Are, Barham, Calogero, Granted, Marcus, Should, Tate
302 So. 2d 37; 1974 La. LEXIS 4356 (Southern Reporter, Second Series)

Desormeaux v. Inexco Oil Co.

Opinion of the Court

In re: Inexco Oil Co., applying for Cer-tiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Acadia. 298 So.2d 897.

Writ refused. On the facts found by the Court of Appeal, the result is correct.

BARHAM, CALOGERO, and MARCUS, JJ., are of the opinion the writ should be granted.

Concurring Opinion

TATE, J.,

additionally concurs on the ground that the lessee, which breached its fiduciary obligation to its lessor by draining the latter’s unleased land, cannot now recover contributive costs without tendering the value of the hydrocarbon it drained.

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