AMERICAN PETROFINA, INC., AMERICAN PETROFINA COMPANY OF TEXAS, AND AMERICAN PETROFINA MARKETING, INC., APPELLANTS v. PPG INDUSTRIES, INC., AND AYRES OIL CO., INC., APPELLEES, 679 S.W.2d 740

Summary

Appellee customer entered into a five-year contract with appellee jobber for the supply of oil, which appellee jobber contracted to purchase from appellant oil suppliers. Because the contracts remained dormant for four years, appellee customer sold most of the oil to another party. Appellant contended that the contracts were not enforceable. A jury awarded appellee customer actual damages against appellee jobber and appellants, and treble damages and attorneys fees against appellants. The court reversed the judgment for appellee customer in part and remanded for a new trial on conversion because appellee customer's argument was so improper as to require reversal. The court held that appellee customer had no action against appellants under the Deceptive Trade Practices Act, 1979 Tex. Gen. Laws ch. 630 or for breach of warranty, but that the jury's verdict for appellee customer for breach of contract was untainted. The court reversed the judgment for appellee jobber and held that it had ...