Eastland Court Reverses Surface Damage Claim Dismissal and Usury Award in Jones County Oil and Gas Lease Dispute

The Eastland Court of Appeals reversed a trial court's refusal to try a surface owner's breach of lease claim for cattle deaths and land damage caused by a saltwater leak, holding that the petition's allegations of breach and property damage provided fair notice despite a prayer for relief requesting only declaratory judgment. The court also addressed whether demand letters seeking 18% monthly interest on unpaid surface damage claims constituted actionable usury under the Texas Finance Code.