Legal Opinion · Dissent

Haltom Oil Company (Formerly Haltom-Murphy, Inc.) v. Phillips Petroleum Company

Court of Appeals for the Fifth Circuit

Decided July 23, 1962No. 19357Published

1DissentRives, Circuit Judge

The majority has concluded that the contract in question is unambiguous because: 1) “A reading of the contract indicates that each substantive paragraph was independent and distinct in that each covered some separate aspect of the relationship”, and 2) to rule that the purchase-price note should be cancelled in addition to the payment of $30,000.00 specified in paragraph No. 3 would be to create a “total consideration of” $52,-247.53 — a result in conflict with the express language of that paragraph. I cannot agree since this conclusion rests upon the unsupported and mistaken assumption that,…

2Cases cited7 opinions

  1. Universal C. I. T. Credit Corp. v. DanielTexas Supreme Court · 1951
  2. Magnolia Warehouse & Storage Co. v. DavisTexas Supreme Court · 1917
  3. Frost v. MartinCourt of Appeals of Texas · 1918
  4. F. & M. Drilling Co. v. M. & T. Oil Co.Supreme Court of Oklahoma · 1943
  5. Hickox v. HickoxCourt of Appeals of Texas · 1941

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