Lively Exploration Co. v. Valero Transmission Co.

ON APPELLANT’S MOTION FOR REHEARING

CHAPA, Justice.

Appellant’s motion for rehearing is denied, however, the opinion of this Court dated March 31, 1988, is withdrawn, and the following opinion is substituted.

This is an appeal of part of a final judgment following a jury trial. The judgment arose from a suit filed by appellant Lively Exploration Company (Lively) against ap-pellee Valero Transmission Company (Vale-ro) for breach of a gas purchase contract. Lively alleged that Valero breached its obligations under the contract by failing to take delivery of and pay for the Daily Contract Quantity…