Forest Commodity Corp. v. Lone Star Industries, Inc.

Johnson, Presiding Judge.

Construction Aggregates, Ltd., owned by Lone Star Industries, Inc. (jointly referred to as “CAL”), was in the business of mining and shipping aggregate stone. Forest Commodity Corporation (“FCC”) owns an ocean terminal facility, where ships can unload ánd store bulk cargo. On August 1, 1994, CAL and FCC entered into a three-year contract for the “thru-putting” of aggregate stone. In the contract, FCC agreed to provide terminal space for unloading aggregate stone, which FCC would then store, reload onto trucks and weigh for transshipment. For the promised services, CAL…