Blackmore v. Davis Oil Co.

671 P.2d 334, 80 Oil & Gas Rep. 431, 1983 Wyo. LEXIS 384
CourtWyoming Supreme Court
DecidedNovember 4, 1983
Docket83-27
StatusPublished
Cited by41 cases

This text of 671 P.2d 334 (Blackmore v. Davis Oil Co.) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blackmore v. Davis Oil Co., 671 P.2d 334, 80 Oil & Gas Rep. 431, 1983 Wyo. LEXIS 384 (Wyo. 1983).

Opinions

ROSE, Justice.

This appeal concerns the propriety of a summary judgment granted defendants-ap-pellees in a suit for specific performance, accounting and damages arising out of a letter agreement concerning a geologist’s prospect.

We will affirm.

INTRODUCTION

A prospect is a promoter’s assessment of a drilling or mining site which is based on information obtained from observations, tests and other sources. The merit of the prospect depends upon the promoter’s skill and the viability of the data he gathers, and it is common practice for a promoter to exchange his work-up for a retained interest in the venture.

FACTS

In 1963, Marvin Davis, a partner in Davis Oil Company of Denver, Colorado, and R.B. Blackmore, a promoter from Casper, Wyoming, signed a letter agreement which Blackmore required before submitting his oil prospect in the Powder River Basin in Campbell County, Wyoming. Davis then referred Blackmore’s work-up to Donald Mettler, the geologist for Davis Oil Company, who, having studied the prospectus, concluded that it was without merit. Mettler told Blackmore that Davis Oil Company was not interested and, save for a later attempt by Blackmore to rekindle interest in the prospect, there was no further communication between them. Mettler left Davis Oil in 1968.

Ten years later, Davis Oil began to acquire leases in the Powder River Basin, all of which were supported by the reports and recommendations of Gordon Heele, then geologist for Davis. Heele’s recommendations and reports to Davis were not presented until other extensive development and drilling activity in the Powder River Basin had been accomplished and the data therefrom made available to Heele. The record in this case reveals that Heele did not rely on Blackmore’s prospectus in making his geological recommendations to Davis Oil. The leases acquired by Davis Oil Company after 1973 covered a large area which included a small portion of the two townships mentioned in Blackmore’s 1963 prospect. Davis [336]*336drilled and successfully completed several wells within this area.

Blackmore remained active in his business until his death in 1976, but did not claim to have any rights under the 1963 agreement after Davis Oil began to acquire the leases in 1973. Drilling in the precise area mentioned in the letter agreement began in 1977. In March of 1981, Millard Huey, who introduced Blackmore to Davis and to whom Blackmore assigned 25% of his interest in the letter agreement, learned of Davis Oil’s productive wells and, in September of that year, asserted an interest in the wells. Davis Oil refused to recognize any obligation to Huey or the Blackmore estate. In July of 1982, Huey and Frances Black-more (successor to the remaining 75% interest in the letter agreement) brought suit against Davis Oil seeking specific performance of the 1963 agreement, an accounting of the proceeds from the well, and damages. The district court granted defendant’s motion for summary judgment.

THE LAW

The duty of this court on review of summary judgment has often been stated' as follows:

“ * * * When a motion for summary judgment is before the supreme court, we have exactly the same duty as the district judge; and, if there is a complete record before us, we have exactly the same material as did he. We must follow the same standards. The propriety of granting a motion for summary judgment depends upon the correctness of a court’s dual findings that there is no genuine issue as to any material fact and that the prevailing party is entitled to judgment as a matter of law. This court looks at the record from the viewpoint most favorable to the party opposing the motion, giving to him all favorable inferences to be drawn from the facts contained in affidavits, depositions and other proper material appearing in the record.” Reno Livestock Corporation v. Sun Oil Company (Delaware), Wyo., 638 P.2d 147, 150 (1981).

The moving party is entitled to summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Rule 56(c), W.R.C.P.; Lafferty v. Nickel, Wyo., 663 P.2d 168 (1983). Furthermore, the party moving for summary judgment has the burden of showing that there is no genuine issue of material fact. Timmons v. Reed, Wyo., 569 P.2d 112, 121 (1977). A material fact is one with legal significance which would affect the outcome of litigation. Thus,

“ * * * a determination, as to whether or not a fact is material, depends greatly upon the principle of law to be applied.” Timmons v. Reed, supra, 569 P.2d at 117.

In this- contract action, appellees demonstrated to the trial judge that they did not drill on the basis of information provided by Blackmore in 1963 and thereby made a pri-ma facie showing that there was no genuine issue of material fact.

Once the moving party has made a prima facie showing that there is no genuine issue of material fact, the burden shifts to the party opposing the motion to show that a genuine issue of material fact exists which justifies taking the case to trial. Gennings v. First National Bank at Thermopolis, Wyo., 654 P.2d 154, 156 (1982). Appellants attempted to discharge this burden by producing the affidavit of a consulting petroleum engineer who merely expressed his opinion to the effect that Davis Oil had undertaken a drilling program utilizing the Blackmore 1963 prospect. However, this conclusory affidavit is inadequate to raise an issue of material fact. This court has often said that under Rule 56(e), W.R.C.P., affidavits on a motion for summary judgment must set forth specific facts indicating the presence or absence of a genuine issue of material fact.

“It is incumbent upon the appellant to come forward with not only competent evidence but also specific facts in opposition to those set forth by appellee, as the movant for summary judgment, if there is to remain a genuine issue of fact for [337]*337trial. Gennings v. First National Bank at Thermopolis, supra, 654 P.2d at 155.

See also, Kimbley v. City of Green River, Wyo., 663 P.2d 871 (1983); Hunter v. Farmers Insurance Group, Wyo., 554 P.2d 1239, 1242 (1976); Maxted v. Pacific Gar & Foundry Company, Wyo., 527 P.2d 832, 834 (1974); McClure v. Watson, Wyo., 490 P.2d 1059, 1062 (1971); In re Estate of Wilson, Wyo., 399 P.2d 1008, 1009 (1965).

Our holding in Lieuallen v. Northern Utilities Company, Wyo., 368 P.2d 949, 952 (1962), is applicable to the situation which confronts this court in the case at bar. There we said:

“We cannot say that this response met the requirements of Rule 56(e) above noted.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rivers v. Moore, Myers & Garland, LLC
2010 WY 102 (Wyoming Supreme Court, 2010)
Braunstein v. Robinson Family Ltd. Partnership LLP
2010 WY 26 (Wyoming Supreme Court, 2010)
Loredo Ex Rel. Loredo v. Solvay America, Inc.
2009 WY 93 (Wyoming Supreme Court, 2009)
McMackin v. Johnson County Healthcare Center
2003 WY 91 (Wyoming Supreme Court, 2003)
Borns Ex Rel. Gannon v. Voss
2003 WY 74 (Wyoming Supreme Court, 2003)
Snake River Brewing Co. v. Town of Jackson
2002 WY 11 (Wyoming Supreme Court, 2002)
Baker v. Pena
2001 WY 122 (Wyoming Supreme Court, 2001)
Garnett v. Coyle
2001 WY 94 (Wyoming Supreme Court, 2001)
Hovendick v. Ruby
10 P.3d 1119 (Wyoming Supreme Court, 2000)
McGuire v. Lowery
2 P.3d 527 (Wyoming Supreme Court, 2000)
Massengill v. S.M.A.R.T. Sports Medicine Clinic, P.C.
996 P.2d 1132 (Wyoming Supreme Court, 2000)
Waid v. State Ex Rel. Department of Transportation
996 P.2d 18 (Wyoming Supreme Court, 2000)
Lever v. Community First Bancshares, Inc.
989 P.2d 634 (Wyoming Supreme Court, 1999)
Mercado v. Trujillo
980 P.2d 824 (Wyoming Supreme Court, 1999)
Nowotny v. L & B Contract Industries, Inc.
933 P.2d 452 (Wyoming Supreme Court, 1997)
Smith v. Throckmartin
893 P.2d 712 (Wyoming Supreme Court, 1995)
Fiscus v. Atlantic Richfield
773 P.2d 158 (Wyoming Supreme Court, 1989)
Morris v. Farmers Insurance Exchange
771 P.2d 1206 (Wyoming Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
671 P.2d 334, 80 Oil & Gas Rep. 431, 1983 Wyo. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackmore-v-davis-oil-co-wyo-1983.