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

No. B-8075.

585 S.W.2d 662 (1979)

ALBA TOOL AND SUPPLY COMPANY, INC., Petitioner, v. INDUSTRIAL CONTRACTORS, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied September 19, 1979.

Attorney(s) appearing for the Case

Morris & Lester, Inc., Houston, Kronzer, Abraham & Watkins, W. James Kronzer, Houston, for petitioner.

Shirley, Shirley & Mackey, Michael G. Shirley, Texas City, for respondent.

McGEE, Justice.

Alba Tool & Supply, Inc. (Alba) brought this action against Industrial Contractors, Inc. (I.C.I.) to recover commissions under a contract. The principal issue is whether the contract is ambiguous so that parol evidence may be admitted to ascertain its meaning. The trial court excluded all parol evidence, and rendered judgment that Alba recover the commissions prayed for. The court of civil appeals reversed the judgment, holding the contract to...

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