MONARCH MARKING SYS. CO. v. REED'S PHOTO MART, INC.

No. B-3250.

485 S.W.2d 905 (1972)

The MONARCH MARKING SYSTEM COMPANY, Petitioner, v. REED'S PHOTO MART, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied November 15, 1972.


Attorney(s) appearing for the Case

Colbert N. Coldwell, El Paso, for petitioner.

Texas S. Ward, El Paso, for respondent.


POPE, Justice.

The Monarch Marking System Company (Monarch) sued Reed's Photo Mart, Inc., (Reed's) to recover the price of four million adhesive pricing labels which Monarch furnished Reed's pursuant to a written purchase order. Reed's defenses were that it mistakenly ordered four million instead of four thousand labels and that Monarch did not substantially comply with the terms of the purchase order. The trial court rendered judgment on the jury verdict and awarded...

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