North Texas Oil & Refining Co. v. Standard Tank Car Co.

On Motion for Rehearing.

We have concluded we were in error in sustaining appellants’ second assignment of error, and holding that the court below should have sustained appellants’ special exception, and required appellee to set out the provisions of the contract referred to in the contract sued oh. Regardless of the binding character of the final contract upon the tank ear company, that company had fully complied with the obligations imposed upon it therein until the whole agreement was abrogated at the instance of appellant, who had received all the benefits accruing to it thereunder. This…