HASTINGS v. HOUSTON SHELL AND CONCRETE

No. 17351.

596 S.W.2d 142 (1979)

T. L. HASTINGS, dba Hastings Trucking, Appellant, v. HOUSTON SHELL AND CONCRETE, a McDonough Company, Appellee.

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

Rehearing Denied July 12, 1979.


Attorney(s) appearing for the Case

Stradley, Barnett & Stein, Robert F. Stein, Houston, for appellant.

Reynolds, Allen & Cook, William E. Junell, Jr., Houston, for appellee.

Before EVANS, WARREN and WALLACE, JJ.


WARREN, Justice.

This is an appeal from an order granting summary judgment in favor of Houston Shell and Concrete, appellee, and against T. L. Hastings d/b/a Hastings Trucking, appellant.

In April 1974, appellee and appellant orally agreed that appellant would haul all the sand and gravel needed in the operation of a certain plant owned by appellee. Appellant, pursuant to this agreement transported the sand and gravel to this plant until December 31, 1974...

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