Wesson Sand Company Testimony and Cross-Examination Flashcards

Vocabulary flashcards based on the testimony of Herb Wesson concerning the Tejas Tract sand-mining lease and the subsequent loss of the business deal.

Herb Wesson

The owner and president of Wesson Sand Company, Inc., who has over 35 years of experience in the sand-mining and construction materials industry.

Wesson Sand Company, Inc.

A company specializing in aggregate mining, excavation, and supplying sand and clay for infrastructure projects in Houston and Fort Bend County.

Irving Upton

An associate at Wesson Sand who scouted the Tejas Tract and conducted negotiations with Don Poarch and Andy Batsell regarding road access.

Tejas Tract

A 94-acre property identified as having a promising geological profile and massive reserves of commercial-grade sand.

Tejas Avco

The entity that owned the Tejas Tract and negotiated a potential 10-year lease with Wesson Sand Company, Inc.

Exploratory bore testing

Physical soil tests conducted by Wesson Sand in June 2017 that confirmed the property was exceptionally rich in high-quality sand.

Plaintiff's Exhibit 142

The Letter of Intent to Lease presented to Tejas Avco by Wesson Sand outlining the economic terms of their agreement.

Total economic value of the lease agreement

A total of $2,340,000$ based on a monthly royalty of $19,500$ over a 10-year term ($19,500 \times 12 \times 10 = 2,340,000$).

Fenn Road

The public road that Wesson Sand needed to access to haul hundreds of tons of material daily using heavy commercial dump trucks.

NRG railroad strip

The geographic feature separating the Tejas Tract from the public road, necessitating a specific crossing point for access.

The New Road

A paved route built by Poarch and leased to Cemex that connected Fenn Road directly to the Wood Crossing.

Tejas Gate

A gate built into the fence line at the Wood Crossing which was physically locked by the defendants to prevent commercial access.

Andy Batsell

A representative of Cemex who, along with Don Poarch, reportedly refused to allow Wesson Sand to use the access road.

Don Poarch

A representative of Poarch/Swinbank who owned the land and the New Road and allegedly threatened to do anything to prevent a sand pit in Arcola.

Poarch/Swinbank

The entity that owned the land and the New Road, exercising physical control over the gate used to access the Tejas Tract.

Cemex

A tenant of Poarch who operated a cement and aggregate terminal next door and allegedly sought to block competition from Wesson Sand.

Standard operational permits

Regulatory requirements including mining permits and environmental clearances that Wesson Sand would have applied for after securing site access.

Wood Crossing

The specific railroad crossing location where the Tejas Gate was situated and where the New Road terminated.

Jamie Griffith

The president of Tejas Avco who granted Wesson Sand permission to perform bore tests on the property in June 2017.