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JOC OIL AROMATICS, INC. v. COMMERCIAL FUEL OIL CO., INC.

No. 17085.

564 S.W.2d 490 (1978)

JOC OIL AROMATICS, INC., Appellant, v. COMMERCIAL FUEL OIL COMPANY, INC., Appellee.

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

April 6, 1978.

Attorney(s) appearing for the Case

Fulbright & Jaworski, Russell H. McMains, Houston, for appellant.

Simpson & Burwell, Charles M. Jordan, Texas City, for appellee.

COLEMAN, Chief Justice.

This is an appeal from an order denying a plea of privilege. It will be reversed.

Commercial alleged three theories for recovery: (1) breach of contract, (2) fraud and (3) deceptive trade practices. Commercial alleged a contract to supply Joc Oil with styrene tar. There was testimony that Joc Oil would delay for as much as a week in unloading Commercial's trailer; that Joc Oil went to the people supplying material to Commercial and...

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