Austin v. Truly

I concur with the majority for these reasons:

First, there is no positive contention by anybody — my colleagues, the testimony, or the pleadings — that the contract in question is ambiguous. The jury found, in effect, it is unambiguous, and that is so. If any Court of Appeals was ever made aware of the legal consequences of this fact, our court was. In Sun Oil Company (Delaware) v. Madeley, 626 S.W.2d 726 (Tex.1981), reversing our 610 S.W.2d 798, written by this writer,1 the parties had interpreted an oil lease a certain way for years. Then, some years later, Sun decided it had been making an…