Thank you for sharing!

Your article was successfully shared with the contacts you provided.
On Petition for Review from the Court of Appeals for the Tenth District of Texas

EFP Corporation operates a plastic molding manufacturing plant using natural gas purchased from Lone Star Gas Company. From November 3, 1993 to March 5, 1995, EFP was a commercial customer paying rates set by Lone Star’s franchise with the City of Marlin, where EFP’s plant is located. Since March 6, 1995, EFP has purchased gas under an industrial contract with Lone Star. In August 1997, Lone Star discovered that it had been charging EFP for only about ten percent of EFP’s actual consumption because it had mistakenly read only the first five of the six dials on EFP’s meter. Lone Star immediately corrected its mistake and sued EFP for the underpayment. EFP conceded that it had received and used the volumes of gas as asserted by Lone Star, but it moved for summary judgment on the grounds that Lone Star’s claim on EFP’s commercial account was barred by the UCC Statute of Frauds, Tex. Bus. & Com. Code � 2.201(a), and that Lone Star was estopped to assert its claim under the industrial contract because of its provision that “[m]eter measurements computed by [Lone Star] according to its standard operating practices shall be conclusive.” The trial court granted the motion, and the court of appeals affirmed. ___ S.W.3d ___ (Tex. App.-Waco 2000). We reverse and remand the case to the trial court for further proceedings.

The parties agree that a sale of gas is subject to the UCC, section 2.201(a) of which provides:

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Global Leaders in Consulting (GLC) 2023

February 16, 2023

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.

Learn More

Complex Claims & Litigation Forum 2023

February 27, 2023 - March 01, 2023
Henderson, NV

Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases.

Learn More

Women, Influence & Power in Law UK Awards 2023

March 08, 2023

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

ASSOCIATE: Accessibility / Employment Litigation

The New York office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level or senior associate to join its...

Apply Now ›

MID-LEVEL ASSOCIATE: Traditional Labor

The Los Angeles office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level associate in its growing nat...

Apply Now ›

MID-LEVEL or SENIOR ASSOCIATE: Labor & Employment Litigation

The Newark office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level or senior associate in its growin...

Apply Now ›



Pond Lehocky Giordano LLP would like to congratulate Jerry Lehocky and his team on PA's largest workers' compensation settlement.

View Announcement ›



ABOTA NNJ would like to announce...

View Announcement ›



O'BRIEN FIRM would like to announce that..

View Announcement ›