Legal Opinion

Oil Country Specialists, Ltd. v. Philipp Bros., Inc.

Texas Court of Appeals, 1st District (Houston)

Decided September 29, 1988No. 01-87-00109-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

PEDEN, Justice (Retired).

Philipp Bros., Inc. (Phibro) consigned most of its oil well pipe inventory to Oil Country Specialists, Ltd. (OCS), by written contract, giving OCS the exclusive right to sell it.

OCS sued Phibro for breach of the contractual warranties as to quality, for fraudulent inducement, and for negligent misrepresentations.

Phibro counter-claimed for breach of contract and for bad faith termination, and alleged that OCS had failed to perform its contractual obligations to pay consignment and restocking fees.

After receiving jury findings, the trial court signed a judgment…

2Cases cited18 opinions

  1. In Re King's EstateTexas Supreme Court · 1951
  2. Garza v. AlviarTexas Supreme Court · 1965
  3. Trenholm v. RatcliffTexas Supreme Court · 1983
  4. Island Recreational Development Corp. v. Republic of Texas Savings Ass'nTexas Supreme Court · 1986
  5. Texaco, Inc. v. Pennzoil, Co., Texas Court of Appeals, 1st District (Houston)1987

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3Cited by8 opinions

  1. SAVA Gumarska in Kemijska Industria D.D. v. Advanced Polymer Sciences, Inc., Texas Court of Appeals, 5th District (Dallas)2004
  2. Stewart Title Guaranty Co. v. Old Republic National Title InsuranceCourt of Appeals for the Fifth Circuit · 1996
  3. Neal v. SMC Corp., Texas Court of Appeals, 5th District (Dallas)2003
  4. Philipp Bros., Inc. v. Oil Country Specialists, Ltd.Texas Supreme Court · 1990
  5. First City, Texas-Houston N.A. v. Gnat Robot Corp., Texas Court of Appeals, 1st District (Houston)1991

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