SHERWIN-WILLIAMS COMPANY v. PERRY COMPANY

No. 11564.

424 S.W.2d 940 (1968)

The SHERWIN-WILLIAMS COMPANY, Appellant, v. The PERRY COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 13, 1968.


Attorney(s) appearing for the Case

Coleman Gay, Joseph Latting, Austin, for appellant.

Small, Herring, Craig, Werkenthin & Shannon, Charles F. Herring and Fred B. Werkenthin; Brown, Erwin, Maroney & Barber, Jack D. Maroney and Will G. Barber, Austin, for appellee.


PHILLIPS, Chief Justice.

The Perry Company, Appellee here, is in the manufacturing business wherein it makes diving boards, plastic furniture, water skis, shopwork and millwork. It also has income from investments that have been placed within its corporate structure. Its principal field, however, is the manufacture of diving boards which constitutes 65% of its entire business and it is the second largest diving board manufacturer in the United States.

The...

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