COL-TEX REFINING CO. v. COFFIELD & GUTHRIE, INC.

No. 13769.

196 F.2d 788 (1952)

COL-TEX REFINING CO. v. COFFIELD & GUTHRIE, Inc.

United States Court of Appeals, Fifth Circuit.

May 10, 1952.


Attorney(s) appearing for the Case

John W. Stayton, Austin, Tex., for appellant.

W. F. Weeks, Tyler, Tex., E. A. Camp, Rockdale, Tex., C. C. Small, Austin, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.


HUTCHESON, Chief Judge.

Alleging that defendant was refusing to take and pay for oil delivered to it under contract therefor, plaintiff brought this suit on a written contract: for a money judgment for oil delivered and not paid for; and for a declaratory judgment fixing the rights of the parties thereunder and decreeing specific performance thereof.

Appellant, defendant below, denying that the instrument sued on constituted a valid and enforceable contract...

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