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TEXAS CITY REFINING, INC. v. CONOCO, INC.

No. A14-88-016-CV.

767 S.W.2d 183 (1989)

TEXAS CITY REFINING, INC., Appellant, v. CONOCO, INC., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied March 3, 1989.

Attorney(s) appearing for the Case

Douglas Chilton, Texas City, Stanley B. Binion, Houston, J. Bruce Bennett, Austin, for appellant.

Daniel M. McClure, Albert R. Lohse, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and MURPHY and ROBERTSON, JJ.

OPINION

MURPHY, Justice.

This is a breach of contract case arising from an agreement for the sale of 400,000 barrels of crude oil. When the cargo arrived late, the buyer refused to accept delivery. The seller filed suit and argued to the jury that a force majeure clause in the contract excused the delay. The jury agreed with this contention and found $5.6 million in damages. We affirm.

Appellant Texas City Refining (TCR) made an agreement with appellee...

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