Affirmed. 1. If the normal rule is that display advertisements in newspapers and the like are not offers, but rather invitations to make an offer, why was this different? Why did the court hold that this was an offer?
Affirmed. This appeal arises from a dispute involving the sale of the Wyndham Hotel located at 000 Xxxxxxxxxx Xxxxxx Xxxxxxxxx xx Xxx Xxxxxxx. Patriot American Hospitality Partnership, L.P. purchased the hotel in 1997 and subsequently discovered extensive termite damage in weight bearing columns. It then sued the previous owners and businesses involved in a previous renovation. Xxxxx & Xxxxxx Architects, Ltd. and Xxxxxxx & Xxxxxxxx Consulting Engineers, Inc. claimed that the suit was perempted due to the time limitations set forth in La. R.S. 9:5607. The trial court dismissed both parties without prejudice finding that the peremptive period of La. R.S. 9:5607 applies. Patriot American Hospitality Partnership, L.P. filed a motion for a new trial. The trial court denied the motion. We find that the peremptive period set forth in La. R.
Affirmed. The Borrower and Guarantors hereby expressly agree that the Credit Agreement, the Security Agreement, the Pledge Agreement, each as heretofore and hereby amended, the Collateral Documents and the other Loan Documents are in full force and effect.
Affirmed. 1. Geological Survey -- Oil and Gas Leases: Unit and Cooperative Agreements Where the U.S. Geological Survey has determined from available geologic and other data that a participating area of 1,000 acres is the proper size for a producing well under an approved unit agreement, this Board may rely upon reports of the Survey setting forth the conclusions reached without examining the technical data upon which the reports were based.
Affirmed. 1. Oil and Gas Leases: Extensions -- Oil and Gas Leases: Unit and Cooperative Agreements Where the parties to a unit agreement forward to Geological Survey documents evidencing their intention to terminate the unit but such documents are not mailed until the expiration date of one of the leases in the unit, such lease is not entitled to the 2-year extension provided by 30 U.S.C. § 226(j) (1976) for leases in effect at the termination of an approved unit plan. APPEARANCES: Xxxxxx X. Xxxxxxxx, Vice President, Casper, Wyoming, for appellant. OPINION BY ADMINISTRATIVE JUDGE XXXXX Aquarius Resources Corporation has appealed from the October 30, 1980, decision of the Wyoming State Office, Bureau of Land Management (BLM), holding that oil and gas lease W 24722 expired at the end of its term. 1/ Appellant's noncompetitive oil and gas lease was issued with an effective date of August 1, 1970, for a period of 10 years. Thus, its expiration date was July 31, 1980. On January 1, 1980, the lease was committed to the Little Buck Creek, Southeast Unit. BLM found that the lease was still subject to the unit agreement on its expiration date and 1/ Aquarius filed a notice of appeal on its own behalf and on behalf of Xxxxx Oil Company, Burlington Northern Incorporated, Xxxxxx Xxxxxxxx, and Xxxxx Xxxxxxx. that no drilling operations were in progress on the lease or within the unit on the expiration date, so the lease did not earn the 2-year extension for actual drilling operations provided by 30 U.S.C. § 226(e) (1976) and 43 CFR 3107.2-3. The decision further held that as the unit agreement did not terminate until September 26, 1980, 2/ so the lease did not earn a 2-year extension by virtue of the provisions of 30 U.S.C. § 226(j) (1976). Appellant does not dispute that a noncompetitive oil and gas lease committed to a unit agreement expires at the end of its primary term when there is no well capable of producing oil or gas in paying quantities on the lease or in the unit and when there are no actual drilling operations in progress on the lease or within the unit over the expiration date. See Xxxxxx Xxxxxxx, 40 IBLA 1 (1979); Manhattan Resources, 34 IBLA 346 (1978). Instead, it contends that the termination of the unit should have been made effective prior to the expiration of the lease on July 31, 1980, so that its lease would be extended by 30 U.S.C. § 226(j) (1976), which provides in pertinent part: "[A]ny lease which shall be in effect at the termination of any such appro...
