Texas Gas Utilities Company v. S. A. Barrett

This is a suit for minimum payments under a contract for natural gas service. It was instituted by petitioner, Texas Gas Utilities Company, sometimes called the gas company, against respondents S. A. Barrett, John Barrett and James Beavers. After trial to a jury, the trial court ruled in response to respondents motion for judgment that they were entitled to judgment on the jury verdict and as a matter of law. A take nothing judgment was accordingly rendered against petitioner. The court of civil appeals affirmed upon the holding that the contract is unenforceable for lack of mutuality of obligation. 452 S.W.2d 508. Our views are otherwise which, in turn, calls for consideration of points not discussed by the intermediate court.