INDUSTRIAL CONTRACTORS INC. v. ALBA TOOL & SUPPLY CO., INC.

No. 1808.

572 S.W.2d 366 (1978)

INDUSTRIAL CONTRACTORS, INC., Appellant, v. ALBA TOOL AND SUPPLY COMPANY, INC., Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied November 1, 1978.


Attorney(s) appearing for the Case

Michael G. Shirley, Texas City, for appellant.

Ellis F. Morris, W. James Kronzer, Kronzer, Abraham & Watkins, Houston, for appellee.


CIRE, Justice.

This is an appeal from a suit to recover a commission claimed by appellee, Alba Tool, to be due for services rendered in representing appellant, Industrial Contractors, Inc. (hereinafter referred to as I.C.I.) in the sale of certain products. The trial court, sitting without a jury, awarded the claimed commission to Alba Tool. We hold that the contract as written contained certain ambiguities and that parole evidence should have been admitted to establish...

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