Legal Opinion

Philipp Bros., Inc. v. Oil Country Specialists, Ltd.

Texas Court of Appeals, 1st District (Houston)

Decided March 13, 1986No. 01-85-01006-CVPublishedCited by 32 opinions

1Opinion of the Court

OPINION

LEVY, Justice.

This is an accelerated appeal from the granting of a temporary injunction in which the trial court enjoined Philipp Brothers, Inc. (“Phibro”) from presenting, and Texas Commerce Bank (“TCB”) from paying, a $1,516,000 letter of credit until disposition of a suit on a contract.

Oil Country Specialists, Ltd. (“OCS”), has sued Phibro claiming breach of contract, fraudulent inducement of a contract, negligent misrepresentation, and fraudulent presentation against a letter of credit. The claims arose out of a May 29, 1985, consignment contract, in which Phibro agreed to place on…

2Cases cited10 opinions

  1. Davis v. HueyTexas Supreme Court · 1978
  2. Republic National Bank of Dallas v. Northwest National Bank of Fort WorthTexas Supreme Court · 1979
  3. Landry v. Travelers Insurance CompanyTexas Supreme Court · 1970
  4. Intraworld Industries, Inc. v. Girard Trust BankSupreme Court of Pennsylvania · 1975
  5. Sztejn v. J. Henry Schroder Banking Corp.New York Supreme Court · 1941

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3Cited by32 opinions

  1. Rugen v. Interactive Business Systems, Inc., Texas Court of Appeals, 5th District (Dallas)1993
  2. Brooks, Tarlton, Gilbert, Douglas & Kressler, Etc., Cross-Appellants v. United States Fire Insurance Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1987
  3. CRC-Evans Pipeline International, Inc. v. Myers, Texas Court of Appeals, 1st District (Houston)1996
  4. Manufacturers Hanover Trust Co. v. Kingston Investors Corp., Texas Court of Appeals, 1st District (Houston)1991
  5. In Re the Talco-Bogata Consolidated Independent School District Bond Election, Texas Court of Appeals, 6th District (Texarkana)1999

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