Texas company seeks to void contract with Costonia Station over title dispute

By Molly English-Bowers | Oct 9, 2015

NEW CUMBERLAND – A Texas oil company is suing to terminate a land contract it signed with a Weirton company.

Terra Oilfield Solutions LLC of Conroe, Texas filed the suit Sept. 4 in Hancock Circuit Court against Costonia Station LLC of Weirton.

The suit claims that on June 8 the plaintiff contracted with the defendant to purchase approximately 2 acres of land in Ohio, including mineral, gas and oil rights, but later found that the defendant did not own a fee-simple title to the property.

While it was attempting to obtain a title policy commitment ensuring title to the property, the plaintiff claims it uncovered additional issues regarding the title. As a result of the defendant's failure to clear up the title mess, the plaintiff terminated the contract on Aug. 28. The defendant has yet to return any of the plaintiff's money invested in the sale of the property and has rejected Terra's right to terminate the contract, the suit claims.

The plaintiff seeks declaratory relief from the contract, including all monies, and all fees and costs incurred in bringing the lawsuit.

Michael G. Gallaway of Spilman Thomas & Battle in Wheeling is representing the plaintiff. Circuit Judge Jason A. Cuomo has been assigned the case.

Hancock Circuit Court case number 15-C-106C.

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