Legal Opinion

Backar v. Western States Producing Company

District Court, W.D. Texas

Decided July 8, 1974No. SA-72-CA-134PublishedCited by 8 opinions

1Opinion of the Court

PARTIAL SUMMARY JUDGMENT

SUTTLE, District Judge.

This breach of contract action is before the Court on cross motions for summary judgment. The facts related to liability are not in dispute. On January 29, 1971, defendants mailed the following letter from San Antonio, Texas to plaintiff in New York, New York:

Dear Andre:

In consideration of your obtaining investors (whether persons, corporations, or organizations) for drilling funds managed by Western States Producing Company, or any other companies with which I am associated, each of the undersigned agrees that if any such investors, directly or…

2Cases cited20 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Product Promotions, Inc. v. Jacques Y. CousteauCourt of Appeals for the Fifth Circuit · 1974
  4. Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
  5. State of California, Department of Mental Hygiene v. CopusTexas Supreme Court · 1958

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3Cited by8 opinions

  1. Weston Funding Corporation v. Lafayette Towers, Inc. And George C. PeckCourt of Appeals for the Second Circuit · 1977
  2. Andre Backar, Cross-Appellee v. Western States Producing Company (Now Hytech Energy Corporation) and Wayman W. Buchanan, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1977
  3. Colonial Life & Accident Insurance v. Hartford Fire InsuranceCourt of Appeals for the Eleventh Circuit · 2004
  4. Weston Funding Corp. v. Lafayette Towers, Inc.District Court, S.D. New York · 1976
  5. Kutka v. Temporaries, Inc.District Court, S.D. Texas · 1983

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