Walter E. Heller & Company v. Barnes

OPINION

CLAYTON, Justice.

This may be characterized as a “Billie Sol Estes” case. The facts in brief essence are these:

Estes would arrange with a manufacturer of anhydrous ammonia tanks and related equipment, such as, in this case, Superior Manufacturing Company, hereafter referred to as “Superior”, to sell it certain tanks which he claimed he then owned, and further, that he would secure “purchasers” who would buy tanks from the manufacturer. Estes promised the manufacturer that the purchases would be arranged under a price which would allow the manufacturer a profit equal to its normal profit…