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  5. 762 S.W.2d 170 (1988)
 

OIL COUNTRY SPECIALISTS, LTD. v. PHILIPP BROS., INC.

No. 01-87-00109-CV.

762 S.W.2d 170 (1988)

OIL COUNTRY SPECIALISTS, LTD., Appellant, v. PHILIPP BROTHERS, INC., Appellee.

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

Rehearing Denied December 8, 1988.

Attorney(s) appearing for the Case

William E. Junell, Kay J. Hazelwood, Andrews & Kurth, Houston, for appellant.

Stephen D. Susman, Parker C. Folse, III, Susman, Godfrey & McGowan, Houston, for appellee.

Before EVANS, C.J., and COLEMAN, C.J. (Retired), and PEDEN,* J. (Retired).

OPINION

PEDEN, Justice (Retired).

Philipp Bros., Inc. (Phibro) consigned most of its oil well pipe inventory to Oil Country Specialists, Ltd. (OCS), by written contract, giving OCS the exclusive right to sell it.

OCS sued Phibro for breach of the contractual warranties as to quality, for fraudulent inducement, and for negligent misrepresentations.

Phibro counter-claimed for breach of contract and for bad faith termination, and alleged that...

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