GULF OIL CORP. v. RICE & AGR. CO-OP, INC.

No. 16619.

536 S.W.2d 236 (1976)

GULF OIL CORPORATION, d/b/a Gulf Oil Company—U. S. Chemicals Department, a division, Appellant, v. RICE AND AGRICULTURAL CO-OP, INC., a.k.a. and d/b/a Rice & Agricultural Co-Op, Inc. and Rice & Agri. Co-op, Inc., Appellee.

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

Rehearing Denied April 29, 1976.


Attorney(s) appearing for the Case

Lapin, Totz & Mayer, William A. Petersen, Jr., Houston, for appellant.

McNeal, Thrash & Williams, William W. McNeal, Alvin, for appellee.


PEDEN, Justice.

Gulf Oil brought this suit on a sworn account against the Rice and Agricultural Co-op, Inc. One of the principal issues on appeal is whether the arrangement between the parties amounted to a completed sale of some fertilizer, a consignment, or a sale or return.

The Co-op filed a sworn denial that the claim was just, a counter-claim for storage expenses and costs of sales resulting from Gulf's failure to accept the return of the goods, and these...

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