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TEXAS AUTOMATIC, ETC. v. ALBERT STERLING, ETC.

No. 17721.

606 S.W.2d 12 (1980)

TEXAS AUTOMATIC SPRINKLERS, INC., Appellant, v. ALBERT STERLING AND ASSOCIATES, INC., Appellee.

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

Rehearing Denied September 11, 1980.

Attorney(s) appearing for the Case

Davenport & Brown, James David Brown, Dallas, for appellant.

James D. Norvell, Abilene, for appellee.

Before EVANS, PEDEN and WARREN, JJ.

EVANS, Justice.

This is an appeal from an order dismissing the defendant's counterclaim which was dismissed on the ground of a prior action pending.

In September 1977 the plaintiff and defendant entered into a contract (the Joy Contract) under which the plaintiff agreed to erect a water storage tank in connection with a sprinkler system being installed by the defendant at the Joy Manufacturing Company in Harris County.

In January 1978 the parties entered...

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