GALVESTON TERMINALS, INC. v. TENNECO OIL CO.

No. 01-91-00033-CV.

824 S.W.2d 331 (1992)

GALVESTON TERMINALS, INC., Appellant, v. TENNECO OIL CO., Fina Oil and Chemical Co., W.L. Payne, Individually and as Trustee for Tatsumi U.S.A. Corporation, and Tatsumi U.S.A. Corporation, Appellees.

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

February 13, 1992.


Attorney(s) appearing for the Case

Janna Ivey, Houston, for appellant.

Jess H. Hall, Raybourne Thompson, Jr., W. Daniel Vaughn, Frank L. Heard, Houston, for appellees.

Before TREVATHAN, C.J., and COHEN and O'CONNOR, JJ.


OPINION

O'CONNOR, Justice.

This is an appeal from a summary judgment. We must decide whether a right of first refusal was triggered by a corporation's transfer of real estate to its subsidiary, followed by sale of the subsidiary's stock to a third person, who dissolved the subsidiary and, thus, acquired the real estate. We hold there are fact issues that preclude summary judgment in this case. We reverse and remand for trial on the merits.

The contract...

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