LONE STAR GAS CO. v. McCARTHY

No. 17678.

605 S.W.2d 653 (1980)

LONE STAR GAS COMPANY, Appellant, v. Glenn H. McCARTHY et al., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied September 4, 1980.


Attorney(s) appearing for the Case

Taylor & Norwood, E. R. Norwood, Liberty, for appellant.

Fulbright & Jaworski, M. W. Parse, Jr., Houston, for appellees.

Before WARREN, PEDEN and EVANS, JJ.


WARREN, Justice.

This is an appeal from a judgment, rendered after a non-jury trial, awarding appellees damages for a breach of contract by appellant and denying appellant recovery on its counterclaim.

The material facts are undisputed. The only question is whether under the gas sales contract appellant was entitled to be reimbursed for gas payments made under a pre-connection "take or pay" provision when it was unable to make up the gas in kind because of...

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