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CONOCOPHILLIPS CO. v. INCLINE ENERGY, INC.

No. 11-03-00361-CV.

189 S.W.3d 377 (2006)

CONOCOPHILLIPS COMPANY, Appellant, v. INCLINE ENERGY, INC., Appellee.

Court of Appeals of Texas, Eastland.

March 23, 2006.

Attorney(s) appearing for the Case

Susan R. Richardson, David W. Lauritzen, Cotton, Bledsoe, Tighe & Dawson, P.C., Midland, for appellant.

Michael A. Short, Adam J. Walker, Jeffrey M. Johnston, Short & Johnston, Midland, Gary M. Bellair, Craig, Terrill, Hale & Grantham, L.L.P., Lubbock, for appellee.

Panel consists of: WRIGHT, C.J., and McCALL, J.

OPINION

JIM R. WRIGHT, Chief Justice.

After a bench trial, the trial court held that the pricing provision in a gas purchase agreement was ambiguous. It entered a judgment for Incline Energy, Inc. (the gas seller)1 against ConocoPhillips Company (the gas purchaser). We find that the agreement was not ambiguous, and we reverse and render judgment that Incline take nothing by its lawsuit.

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