SOUTHERN IRON & METAL COMPANY v. YAFFE

No. 3922.

351 S.W.2d 664 (1961)

SOUTHERN IRON & METAL COMPANY and Commercial Metals Company, Appellants, v. Joseph YAFFE, D/B/A Yaffe Iron and Metal Company, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 7, 1961.


Attorney(s) appearing for the Case

King, Sharfstein & Rienstra, Beaumont, for appellants.

Tatum & Ball, Beaumont, for appellee.


WILSON, Justice.

Appellant purchased scrap copper from appellee under a written contract prepared by appellant which provided that shipments "are subject to weight and grading ascertained at receiving mill, yard or plant." Appellant typed into the contract form the words, "Consumers' weights and grades to govern final settlement."

Under the contract appellee shipped to appellant 30,000 pounds of scrap copper of grade or classification which made the total...

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