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HURRICANE STEEL INDUS. CO. v. MAURICE PINCOFFS CO.

No. 459.

464 S.W.2d 387 (1971)

HURRICANE STEEL INDUSTRIES CO., Appellant, v. MAURICE PINCOFFS COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

February 17, 1971.

Attorney(s) appearing for the Case

Bennett Lay, Kucera, Lay & Lang, Houston, for appellant.

William A. Harrison, Ross, Griggs & Harrison, Houston, for appellee.

TUNKS, Chief Justice.

In January, 1967, Hurricane Steel Industries Co., hereinafter called "Hurricane," ordered approximately 4,000 metric tons of steel wire rod from Maurice Pincoffs Company, hereinafter called "Pincoffs." The sale was by sample so that an express warranty that the goods should conform to the sample was created. Sec. 2.313, U.C.C., V.T.C.A. The rod was used in the manufacture of woven wire fence. The purchase price was $4.85 per hundred weight.<...

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