Humble Oil & Refining Co. v. Westside Investment Corp.
Supreme Court of Texas
428 S.W.2d 92 (1968)
On April 5, 1963, Westside Investment Corp. (Westside) (defendant) and Humble Oil & Refining Co. (Humble) (plaintiff) entered into a written contract where Westside gave Humble an exclusive and irrevocable option to purchase a tract of land for $35,000. The option contract provided that Humble could exercise the option by giving notice before June 4, 1963, and by paying $1,750.00 as earnest money. An additional sum of $50.00 was due at the time of making the contract. On May 2, 1963, Humble sent a letter to Westside exercising its option to purchase the land, and requesting to amend the contract to require Westside to extend all utility lines to the property prior to closing. On May 14, 1963, Humble sent another letter exercising the option. This letter said that the exercise was not qualified, and that Westside could disregard the proposed amendment to the contract offered in Humble’s May 2nd letter. Humble also paid the $1,750.00 required to exercise the option on May 14th. Westside refused to honor the option contract, contending that Humble’s May 2nd letter operated as a conditional acceptance and thus a rejection of the option contract. Humble brought suit against Westside in Texas state court seeking specific performance of the option contract. Marvin Mann intervened as a third party plaintiff seeking payment of brokerage charges from Westside. Humble, Mann, and Westside filed separate motions for summary judgment. The trial court granted Westside’s motion for summary judgment, and overruled the motions of Humble and Mann. The court of appeals affirmed, and Humble appealed.
Rule of Law
Holding and Reasoning (Smith, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 148,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.