"MOORE" BURGER, INC. v. PHILLIPS PETROLEUM COMPANY

No. B-3011.

492 S.W.2d 934 (1972)

"MOORE" BURGER, INC., Petitioner, v. PHILLIPS PETROLEUM COMPANY et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 7, 1973.


Attorney(s) appearing for the Case

Phillip W. Gilbert, Austin, for petitioner.

Stayton, Maloney, Black, Hearne & Babb, John W. Stayton, Coleman Gay, Austin, for respondents.


CALVERT, Chief Justice.

This suit is by "Moore" Burger, Inc. against C. Milton Dowd, Albert Craus and Phillips Petroleum Company for compensatory and exemplary damages for breach of a contract to lease two tracts of land to the plaintiff, or, alternatively, for specific performance of the contract. Each of the defendants filed general denials and pleaded the statute of frauds as an affirmative defense. Phillips also filed a cross action by which it sought to recover...

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