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ASKCO ENGINEERING CORP. v. MOBIL CHEMICAL CORP.

No. 16614.

535 S.W.2d 893 (1976)

ASKCO ENGINEERING CORPORATION et al., Appellants, v. MOBIL CHEMICAL CORPORATION d/b/a Mobil Chemical Company, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 15, 1976.

Attorney(s) appearing for the Case

Adolph Uzick, Irving H. Weissman, Houston, for appellants.

Vinson, Elkins, Searls, Connally & Smith, Raybourne Thompson, Jr., Houston, for appellee.

COLEMAN, Chief Justice.

This is a suit on a sworn account by Askco Engineering Corporation (Askco) against Mobil Chemical Corporation (Mobil) to recover the agreed purchase price of 276,317 pounds of scrap plastic. Mobil denied the account and alleged that it had accepted 110,212 pounds of the material and had rightfully rejected the balance. Prior to the institution of the suit Mobil had tendered a payment for the material which it had accepted and had returned the...

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