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FIDELITY & DEPOSIT CO. v. WELLINGTON TRADE

No. B14-82-011CV.

640 S.W.2d 698 (1982)

FIDELITY & DEPOSIT COMPANY OF MARYLAND, Appellant, v. WELLINGTON TRADE, INC., et al., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

July 29, 1982.

Attorney(s) appearing for the Case

Tom Connally, Fulbright & Jaworski, Houston, for appellant.

Richard L. Symonds, Houston, for appellees.

Before PAUL PRESSLER, MURPHY and SAM ROBERTSON, JJ.

MURPHY, Justice.

Fidelity and Deposit Company of Maryland (Fidelity) appeals the trial court's grant of a summary judgment in favor of Wellington Trade, Inc., et al. (Wellington). At issue on appeal is the legal sufficiency of Wellington's summary judgment proof. We reverse and remand.

Wellington and SSA International, Inc. (SSA), an independent freight forwarder, entered a contract for the sale of four dry van trailers in August, 1977, for the purchase price...

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