Texas Gas Utilities Company, Petitioner v. S. A. Barrett, Respondents

Summary

The Texas Supreme Court held that the natural gas contract was enforceable despite an exculpatory clause, rejected the respondents' claim of mutual rescission, affirmed the petitioner's standing as assignee, and reversed the lower court's take‑nothing judgment, remanding for entry of a judgment for the contractual minimum payments. The Court also rejected the argument that the pleadings misled the respondents and that the petitioner's damages claim was barred.