Pioneer Oil Co. v. Vallejo

OPINION

UTTER, Justice.

The trial court granted Vallejo’s Petition for Declaratory Judgment and held that the parties’ “Lease and Operating Agreement,” was a contract for the marketing of gasoline and did not constitute a leasehold estate in the premises. In our original opinion, we held that the agreement was a lease; therefore Pioneer was granted an exclusive right to vend gasoline on the premises. See Pioneer Oil Co. v. Vallejo, 736 S.W.2d 227 (Tex.App.—Corpus Christi 1987). The Texas Supreme Court in Vallejo v. Pioneer Oil Co., 744 S.W.2d 12 (Tex.1988), reversed our decision and held that…