Texas Utilities Fuel Co. v. First National Bank in Dallas

AKIN, Justice.

Texas Utilities Fuel Company, as the buyer of natural gas under a contract, sued the sellers, including First National Bank in Dallas, to enjoin the sellers from selling gas dedicated to the buyer under the contract to a third party operating a brick plant, to obtain specific performance of the natural gas sales contract, and for damages for gas sold in breach of the contract. The sellers responded contending that they had the right to sell unlimited quantities of gas to the brick plant under a reservation clause in the contract. All parties filed motions for summary judgment…