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THOMAS CONVEYOR CO., INC. v. PORTEC, INC.

No. 5840.

572 S.W.2d 361 (1978)

THOMAS CONVEYOR COMPANY, INC., Appellant, v. PORTEC, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 31, 1978.

Attorney(s) appearing for the Case

James B. Barlow and Elliott S. Garsek, Barlow, Gardner & Tucker, Fort Worth, for appellant.

Robert G. West, McGown, Godfrey, Decker, McMackin, Shipman & McClane, Fort Worth, for appellee.

OPINION

McDONALD, Chief Justice.

Plaintiff (appellee) Portec, Inc. sued defendant (appellant) Thomas Conveyor Company, Inc., to recover an asserted balance due on materials furnished by Portec to Thomas.

Thomas manufactures industrial conveyors; Portec manufactures sprockets, chains and other items used by Thomas in its finished product. Thomas would telephone Portec for a "quote" on materials; then place a "purchase order" to Portec based on such...

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