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DELTA BRANDS, INC. v. BORDEN METAL PRODUCTS CO.

No. 8064.

570 S.W.2d 1 (1978)

DELTA BRANDS, INC., Appellant, v. BORDEN METAL PRODUCTS COMPANY, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied March 16, 1978.

Attorney(s) appearing for the Case

Michael Cooper, Dallas, for appellant.

W. C. McClain, Conroe, Ben H. Sheppard, Jr., Houston, for appellee.

KEITH, Justice.

Defendant below appeals from an adverse judgment entered after the jury had returned its findings of fact favorable to plaintiff. Borden purchased a large hydraulically-driven steel slitting line machine from Delta for use in slitting steel at its manufacturing plant near Conroe. Shortly after installation of the machine, it began to malfunction and repeated efforts by Delta to repair and restore the machine to normal operation failed.

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