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SUPREME COURT OF LOUISIANA
No. 98-C-0719 KING LANKFORD ET AL. Versus KOCH GATEWAY PIPELINE CO. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE

PER CURIAM* This is a breach of contract action in which the plaintiffs alleged the defendant pipeline company breached its obligations by (1) its failure to pay for gas it received during a brief period in 1991 and (2) its subsequent refusal to take gas that it was allegedly obligated to buy. The trial court granted a partial summary judgment for the defendant on the second issue, finding that the defendant was not obligated to buy any gas from the plaintiffs under the amended contract. The court of appeal affirmed in an unpublished opinion. We reverse that partial summary judgment and remand the case to the trial court. The plaintiffs' predecessors and the defendant's predecessors entered into gas sales contracts beginning in 1929. The sellers agreed to sell, and the buyer agreed to buy, all of the gas that the sellers could provide. In 1931, the parties amended their agreement to include a "take or pay" provision, under which the buyer was obligated to buy a set minimum amount of gas or to pay for that amount of gas if

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*Knoll, J., not on panel. See Rule IV, Part 2,

Download 98-C-0719 KING D. LANKFORD, JR., BILLY JAY NANCE, JIMMY A LANGSTON, JIM N. WEDEB

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