KISER v. LEMCO INDUSTRIES, INC.

No. 8656.

536 S.W.2d 585 (1976)

Nathan KISER, Appellant, v. LEMCO INDUSTRIES, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied March 29, 1976.


Attorney(s) appearing for the Case

Suddereth, Woodley & Dudley, Ben D. Suddereth, Comanche, for appellant.

Warren G. Tabor, Jr., Levelland, for appellee.


ON MOTION FOR REHEARING

REYNOLDS, Justice.

Our 8 March 1976 opinion is withdrawn and this opinion is substituted.

Summary judgment was rendered in favor of Lemco Industries, Inc., for the $20,000 difference between the cost of substitute grain and the contract price of the grain Nathan Kiser agreed to, but did not deliver to Lemco. The record fails to demonstrate that no fact issue stands in the way of judgment for Lemco. Reversed and remanded.<...

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