Emmer v. Phillips Petroleum Co.

COUNTISS, Justice.

This is a contract dispute. Miriam Em-mer, as trustee, and her brother, M.J. Rubin, appellants and hereafter collectively “the Rubins,” sued Phillips Petroleum Company, hereafter “Phillips," to recover damages resulting from Phillips’ use of gas compressors jointly owned by the parties. The trial court granted a summary judgment to Phillips. In this Court, the Rubins attack that judgment by six points of error. We reverse and remand.

We construct the following factual background from the summary judgment evidence. The Rubins’ father, Dave Rubin, conveyed an interest to…