Mag Instrument, Inc. v. G.T. Sales Inc.

OPINION

Opinion By

Justice RICHTER.

After reviewing an auction brochure from G.T. Sales Inc., d/b/a Investment Recovery Services (IRS), Mag Instrument, Inc. decided to purchase sixteen Jones & Lampson optical comparators included in the brochure. 1 After IRS did not deliver all sixteen comparators following the auction, a dispute arose between the parties as to which documents governed the parties’ agreement and the terms of the agreement. IRS filed suit requesting a declaration of the rights and duties of the parties. Mag counterclaimed seeking specific performance or, in the alternative,…