Valero Transmission Co. v. Wagner & Brown

OPINION

OSBORN, Chief Justice.

This appeal is from the granting of a summary judgment on the issue of liability and a trial to the court on the issue of damages in a suit for damages under a take-or-pay clause in a gas contract. We affirm.

These same parties were before this Court in an earlier appeal which raised the question as to the liability of each of two purchasers of gas under a contract which provided for the sale of ninety percent of the producer’s delivery capacity. This Court held that the purchaser’s contractual obligations were met in any year that the combined purchases of the two…