Ramsey Herndon LLC v. Whiteside

Herndon sued Whiteside, doing business as Beam Oil, for breach of contract and conversion because defendant refused to pay plaintiff royalties arising from an oil and gas lease. The Macon County circuit court dismissed, finding that plaintiff did not own the claimed overriding royalty interest but defendant did. The Fourth District affirmed the dismissal of the conversion claim but remanded the breach of contract claim. Defendant appealed. The Illinois Supreme Court reinstated the dismissal. The instrument of assignment, signed after a series of transactions, unambiguously transferred all of plaintiff’s interest to defendant, so defendant’s refusal to pay plaintiff royalties was not a breach. Plaintiff and third parties each assigned to defendant “all of [their] right, title and interest in and to the oil, gas and mineral leases *** together with a like interest in and to all personal property located therein.” The instrument has no inconsistency or ambiguity that needs clarification. View "Ramsey Herndon LLC v. Whiteside" on Justia Law