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MODULAR TECH. CORP., ETC. v. CITY OF LUBBOCK

No. 8592.

529 S.W.2d 273 (1975)

MODULAR TECHNOLOGY CORPORATION, METAL BOARD DIVISION, Appellant, v. The CITY OF LUBBOCK, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied November 17, 1975.

Attorney(s) appearing for the Case

Key, Carr, Evans & Fouts, Donald M. Hunt, Lubbock, for appellant.

Fred O. Senter, Jr., City Atty., James P. Brewster, Lubbock, for appellee.

REYNOLDS, Justice.

Modular Technology Corporation, Metal Board Division, sought declaratory judgment that its contractual obligation to furnish "12,000 side loading refuse containers, + or - 25%" to the City of Lubbock was fulfilled when it had delivered 9,000 containers. The trial court, sitting sans jury and finding the contract to be ambiguous, heard parol evidence and rendered judgment, supported by findings of fact...

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