United Carbon Co. v. Mississippi River Fuel Corp.

PONDER, Justice.

-This is an appeal from a judgment sustaining an exception of no cause of action and dismissing plaintiff’s suit.

It is alleged in the plaintiff’s petition that the defendant obligated itself to purchase 17% of its gas volume requirements in the operation of defendant’s pipeline; that the defendant breached the contract from December 1, 1949, to February 2, 1952 (when the contract expired), by failing, neglecting, and refusing to accept delivery of the gas which plaintiff had made available; that "the gas was tendered and formal notice of default was served on-defendant; that-…