Beaudoin v. JB Mineral Services

20110030

Dahn P. Beaudoin and J. Willard
Beaudoin, as Trustees of the
Wm. Beaudoin Irrevocable Mineral
Trust dated May 15, 1981, Plaintiffs and Appellees
v.
JB Mineral Services, LLC, Defendant and Appellant

Appeal from:

District Court, Southwest Judicial District, Stark County
Judge Zane Anderson

Nature of Action:

Contracts

Counsel:

Appellant:		Greg W. Hennessy
Appellee:		Charles J. Peterson
Appellee:		Jason James Henderson
Amicus curiae:		Lawyer not licensed in N.D.

Term:

06/2011 Argument: 06/29/2011 02:45pm

ND cite:

2011 ND 229

NW cite:

808 N.W.2d 671

Listen to recording of oral argument
using RealPlayer Basic,^© a free download.

Issues:

Appellant's Statement of the Issues:
I. The oil and gas lease signed July 20, 2009 is valid under the rule in Irish Oil and Gas, Inc. 2011 ND 22 26 that a royalty clause alone is sufficient consideration for a lease.
II. The oil and gas lease signed July 20, 2009 is valid because timely tender of bonus draft for payment was made on July 20, 2009 within 120 business days of the signing as a matter of law.
III. The oil and gas lease signed July 20, 2009 is valid because, subject to the warranty clause of the lease, the corrective bonus draft dated January 6, 2010 was timely tendered on January 6, 2010 within 120 business days of the signing as a matter of law.
IV. The oil and gas lease signed July 20, 2009 is not subject to termination or attorney fees and costs under 47-16-37 NDCC.

REPLY BRIEF ISSUES
I.Whether consideration failed when JB Minerals did not pay the bonus payments when promised.
II.Whether Beaudoins are estopped from terminating their signed OGL with warranty clause after they accepted tender of payment by presentment and before the deadline for final payment.
III.Whether the trial erred in construing the second corrective lease was an unrelated counter - offer to the first signed lease.

Appellee's Statement of the Issues:
The district court properly granted summary judgment in favor of the Beaudoins for the following reasons: 1. The oil and gas lease signed July 20, 2009 terminated pursuant to its terms due to JB's failure to make payment before the termination date indicated in the agreement.
2. The sight draft dated July 16, 2009, does not constitute tender of payment for the oil and gas lease signed July 20, 2009, because JB did not fund the sight draft dated July 16, 2009.
3. The sight draft dated January 6, 2010, does not constitute tender of payment for the oil and gas lease signed July 20, 2009, because the sight draft dated January 6, 2010 does not relate to the oil and gas lease signed July 20, 2009, or any other lease which the Beaudoins consented to.
4. The Beaudoins are entitled to have the oil and gas lease signed January 20, 2009, released from record and are entitled to damages, costs, and attorney's fees pursuant to N.D.C.C. 47-16-36 and 47-16-37.

Add Docket 20110030 RSS

Docket entries:

1	01/21/2011	NOTICE OF APPEAL: 01/18/2011
2	02/14/2011	RECORD ON APPEAL
3	02/23/2011	MOT. EXT/TIME APPELLANT BRIEF (e-filed)
4	02/23/2011	E-FILED MOTION (MAT)
5	02/24/2011	ACTION BY CLERK (MAT). Granted: 03/24/2011
6	03/08/2011	Motion for Admission Pro Hac Vice, with attachment
7	03/08/2011	MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE (RETAMCO OPERATING, INC.)
8	03/09/2011	ACTION BY CHIEF JUSTICE (Mot/File/ACB). Granted
9	03/08/2011	AMICUS CURIAE BRIEF (Retamco Operating, Inc.)
10	03/08/2011	MOTION FOR ORAL ARGUMENT BY AMICUS CURIAE (see ACH on 5-20-11)
11	03/09/2011	ACTION BY CHIEF JUSTICE (Mot/for OA by Amicus Curiae). Denied
12	03/18/2011	Rec'd corrections to ACB.
13	03/08/2011	DISK - Rec'd corrected electronic copy of ACB (CD).
14	03/22/2011	MOT. EXT/TIME APPELLANT BRIEF (e-filed)
15	03/22/2011	ACTION BY CLERK. Granted: 03/31/2011
16	03/31/2011	MOT. EXT/TIME APPELLANT BRIEF (e-filed)
17	03/31/2011	ACTION BY CHIEF JUSTICE. Granted: 04/01/2011
18	04/01/2011	APPELLANT BRIEF
19	04/01/2011	APPELLANT APPENDIX
20	04/06/2011	DISK - atb (CD-ROM)
21	05/03/2011	APPELLEE BRIEF & Addendum (e-filed)
22	05/03/2011	E-FILED BRIEF (AEB)
23	05/04/2011	Received $25 surcharge for AEB (Receipt #20294)
24	05/06/2011	Received 7 copies of AEB from CSD
25	05/20/2011	NOTICE OF ORAL ARGUMENT SENT
26	05/20/2011	MOTION FOR LEAVE TO FILE AMICUS CURIAE REPLY BRIEF
27	05/20/2011	ACTION BY CHIEF JUSTICE (MOT to file AC Reply Brief). Denied
28	05/20/2011	ACTION BY CHIEF JUSTICE (AC MOT for oral argument -- See MOT entry on 3/8/11). Denied
29	05/20/2011	REPLY BRIEF
30	05/25/2011	Received corrected pages 7 & 8 (included original signatures).
31	05/27/2011	Received corrected pages for RYB.
32	06/01/2011	DISK-RYB (E-MAILED)
33	06/29/2011	APPEARANCES:Greg W. Hennessy;Charles J. Peterson & Jason J. Henderson;James L. Drought
34	06/29/2011	ARGUED:Greg W. Hennessy;Jason J. Henderson
35	06/29/2011	ORAL ARGUMENT WEBCAST
36	12/13/2011	DISPOSITION: AFFIRMED
37	12/13/2011	UNANIMOUS OPINION: Sandstrom, Dale V.
38	12/13/2011	Costs on appeal taxed in favor of appellees.
39	12/14/2011	Judgment Sent to Parties
40	12/27/2011	PETITION FOR REHEARING (e-filed) PDF
41	12/27/2011	E-FILED PETITION FOR REHEARING (PDF)
42	12/28/2011	Received non-substantive corrections to PER.
43	12/30/2011	RECEIVED $25 E-FILING SURCHARGE FOR PER (RECEIPT #20805).
44	01/04/2012	Received 7 copies of PER from Central Duplicating.
45	01/12/2012	ACTION BY SUPREME COURT (PER). Denied
46	01/23/2012	MANDATE
47	01/25/2012	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 05/20/2013