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FULLER v. TEXAS WESTERN FINANCIAL CORP.

No. C-1495.

644 S.W.2d 442 (1982)

Danny FULLER, Individually and d/b/a Danny's Factory Outlet, Petitioner, v. TEXAS WESTERN FINANCIAL CORPORATION, Respondent.

Supreme Court of Texas.

October 13, 1982.

Attorney(s) appearing for the Case

Charles H. Clark, Tyler, for petitioner.

Hunter, Stewart, Salzberger, Vineyard & Miller, Harry J. Martin, Jr., Dallas, for respondent.

PER CURIAM.

The facts and contentions of the parties are set out in the court of appeals' opinion. 635 S.W.2d 787. We agree with the trial court and the court of appeals the delivery of goods to Fuller was a sale as a matter of law and not a consignment. We also agree, however, with Fuller's contention that section 2.326(c) of the Texas Business and Commerce Code does not apply to transactions between original contracting parties...

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