Energy Environmental Blog

7th District: Forfeiture Not a Remedy for Breach of Trade-Sale Clause in Oil and Gas Lease

Written by Ilya Batikov | Jun 4, 2015 4:00:06 PM

In Hoop v. Kimble (May 28, 2015), the Seventh District Court of Appeals held that forfeiture of an oil and gas lease is not a remedy for a breach of a trade-sale clause. The court noted that in Ohio, courts uniformly hold that the “appropriate remedy for the breach of a clause similar to the trade-sale clause herein where consent of the lessor is required is voiding of the improper assignment and not forfeiture or cancellation of the underlying lease.” Click here to read the court’s decision.