COTTON BELT GIN & MILL SUPPLY v. ALLTEX PRECISION CO.

No. 7313.

351 S.W.2d 369 (1961)

COTTON BELT GIN & MILL SUPPLY, INC., Appellant, v. ALLTEX PRECISION COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied December 5, 1961.


Attorney(s) appearing for the Case

Cedric G. Hamlin, Spafford, Ledbetter, Freedman, Hamlin & Gay, Dallas, for appellant.

G. H. Kelsoe, Jr., Daugherty, Bruner, Kelsoe & Thorp, Dallas, for appellee.


DAVIS, Justice.

Plaintiff-appellee, Alltex Precision Company, Inc., sued defendant-appellant, Cotton Belt Gin and Mill Supply, Inc., for the making and fabrication of a stamping die, and for attorney's fees. The order for the die was placed on August 4, 1959, and delivery was to have been in eight weeks. The die was not delivered according to the purchase order, and has never been delivered. The appellee carried the die to the appellant's place of business three or...

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