Logourl black

Western Oil Sales Corporation v. Bliss & Wetherbee

Commission of Appeals of Texas
299 S.W. 637 (1927)


Facts

The partnership of McCamey, Sheerin & Dumas (MS&D) entered into a contract with Western Oil Sales Corporation (Western Oil) (defendant) pursuant to which MS&D agreed to sell and deliver crude oil to Western Oil in exchange for certain acts and payments by Western Oil. The contract provided that it was binding upon the parties’ successors and assigns but did not otherwise refer to assignment or transfers. After three months of oil deliveries, Western Oil assigned its rights and obligations under the contract to the American Oil Company. Western Oil notified MS&D of the assignment, demanded that MS&D make future deliveries to American Oil, and disclaimed any further liability to MS&D under the contract. MS&D refused to deliver oil to American Oil and considered the contract with Western Oil terminated. In connection with a sale of its oil leases, MS&D assigned to Bliss & Wetherbee (B&W) (plaintiff) its rights against Western Oil. B&W sued Western Oil for breach of contract. B&W prevailed in the trial court and on appeal to the Court of Civil Appeals. Western Oil appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Harvey, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 77,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 10,692 briefs - keyed to 140 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now