CGM VALVE CO., INC. v. GULFSTREAM STEEL CORP.

No. 17572.

596 S.W.2d 161 (1980)

CGM VALVE COMPANY, INC., Appellant, v. GULFSTREAM STEEL CORPORATION, Appellee.

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

Rehearing Denied March 6, 1980.


Attorney(s) appearing for the Case

Talbert, Giessel & Stone, Inc., Mark Shelton, Houston, for appellant.

Butler, Binion, Rice, Cook & Knapp, W. N. Blanton, III, Houston, for appellee.

Before PEDEN and EVANS, JJ.


WARREN, Justice.

This is an appeal from a summary judgment awarding appellee recovery over against appellant for damages assessed against appellee in a Florida lawsuit.

The issues are: (1) whether the remedy of "voucher" or "vouching in", as provided by Section 2.607(e)(1) of the Texas Business and Commerce Code, is available under the facts of our case, and (2) whether this court can consider the proof offered by appellee for the purpose of determining its...

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