Dallas Air Services, Inc. v. Miller Aircraft, Inc.

OPINION

WILSON, Justice.

Defendant appeals from a temporary injunction in plaintiff-appellee’s action for specific performance of a contract or damages for its breach.

The petition alleges plaintiff Miller Aircraft, Inc., agreed to transfer its certificate of convenience and necessity issued by the Texas Aeronautics Commission to defendant Dallas Air Services, the parties agreeing to use their best efforts to accomplish the transfer; that defendant waited over 45 days to make application to the Commission, thereafter withdrew it, and otherwise failed to use its best efforts to effect the…