# Montgomery v. Rittersbacher

> Texas Supreme Court · January 24, 1968 · 11 Tex. Sup. Ct. J. 186

URL: https://www.frixlaw.com/law-library/cases/9768765

## Case

- **Full name:** W. R. MONTGOMERY, Petitioner, v. Charles Edgar RITTERSBACHER Et Al., Respondents
- **Court:** Texas Supreme Court
- **Decided:** January 24, 1968
- **Citations:** 11 Tex. Sup. Ct. J. 186; 424 S.W.2d 210; 27 Oil & Gas Rep. 774; 1968 Tex. LEXIS 347
- **Precedential status:** Published
- **Opinion:** Dissent by Walker
- **Judges:** Smith, Calvert, Griffin, Walker
- **Cited by:** 56 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9768765

## How later opinions describe it (automated extraction)

- holding that pooling clauses and the relevant entirety clause affect an NPRI owner’s aggregate ownership
- holding that filing suit ratifies a lease as a matter of law
- noting that a principal can ratify the unauthorized acts of an agent by bringing a suit to enforce the unauthorized act

## Opinion text

WALKER, Justice
(dissenting).
In my opinion petitioner has heretofore done nothing that would irrevocably bind him to the terms of the lease, and he will not be bound thereby until his tender of ratification is made effective by the judgment rendered in this case. I would hold that he is entitled to his proportionate share of royalties accruing from and after the date of judgment.
CALVERT, C. J., joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9768765. Public record. Not legal advice.