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MAIL BOX, INC. v. COMMUNICATORS, INC.

No. 13-85-058-CV.

703 S.W.2d 783 (1985)

The MAIL BOX, INC., Appellant, v. The COMMUNICATORS, INC., Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied January 9, 1986.

Attorney(s) appearing for the Case

Mark D. Pierce, Kenzy D. Hallmark, Jr., Dallas, for appellant.

Stewart R. Miller, Dallas, for appellee.

Before KENNEDY, UTTER and SEERDEN, JJ.

OPINION

KENNEDY, Justice.

Appellant brought suit based on three theories of recovery: (1) unlawful, deceptive trade practices under TEXAS BUS. & COM. CODE ANN. § 17.50 (Vernon Supp. 1985); (2) breach of the implied warranty of merchantability; and (3) rescission of the contract due to nonconformities substantially impairing the value of the goods. Appellee brought a counterclaim for an indebtedness by appellant in the purchase of goods and services...

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