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CHEROKEE CTY. COGENERATION v. DYNEGY MKTG.

No. 14-08-00086-CV.

305 S.W.3d 309 (2009)

CHEROKEE COUNTY COGENERATION PARTNERS, L.P., Appellant, v. DYNEGY MARKETING AND TRADE, Dynegy GP, Inc., DMT Holdings, L.P., DMT G.P., L.L.C., and Chevron U.S.A., Inc., Appellees.

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

December 22, 2009.

Attorney(s) appearing for the Case

Edward Jason Dennis, Dallas, Angela Veronica Colmenero, Austin, for appellant.

David W. Jones, Russell S. Post, Houston, for appellees.

Panel consists of Chief Justice HEDGES, Justice SULLIVAN, and Senior Justice HUDSON.

OPINION

KENT C. SULLIVAN, Justice.

This commercial dispute arises from a natural-gas seller's failure to deliver an agreed quantity of gas to the purchaser, appellant Cherokee County Cogeneration Partners, L.P. ("Cherokee"). The seller, appellee Dynegy Marketing and Trade,1 successfully moved for summary judgment by arguing Cherokee seeks only consequential "lost profits" damages disclaimed by the parties' contract. We hold Cherokee...

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