Calpine Producer Services v. Wiser Oil Co.

OPINION

Opinion by

Justice LANG.

Calpine appeals a summary judgment awarding Wiser damages for natural gas purchased by Calpine under a “Gas Sales and Purchase Agreement.” Pursuant to the agreement, Calpine purchased natural gas, “from time-to-time,” from Wiser, the producer. Then, Calpine resold the natural gas. The trial court’s decision assessing liability and damages was on consideration of cross motions for summary judgment, with many facts being stipulated. The parties agree that the agreement is unambiguous.

In two issues, Calpine asserts that the trial court erred in deciding against…