Sun Oil Company, Petitioner v. Earnest Whitaker, Respondents

Summary

The Texas Supreme Court affirmed the trial court's denial of Sun Oil Company's temporary injunction because Sun failed to demonstrate a probable right to a permanent injunction after stipulating away the statutory waste issue, and because a temporary injunction cause of action is indivisible and cannot be piecemeal tried. The Court emphasized that all defenses must be considered in a temporary injunction proceeding.