Newman Oil Co. v. Alkek

OPINION

BISSETT, Justice.

This is the second time this case has reached us on an appeal by the plaintiffs from the granting of a summary judgment in favor of the defendants. For the first appeal, see Newman Oil Company, et al. v. Albert B. Alkek, et al, 614 S.W.2d 653 (Tex.Civ.App.—Corpus Christi 1981, writ ref’d n.r.e.). Following the judgment of this Court remanding the cause to the trial court “for retrial with instructions to enter an order granting plaintiff’s motion for nonsuit,” the trial court rendered a second summary judgment in favor of Albert B. Alkek and Foremost Petroleum…