Cotton Belt Gin & Mill Supply, Inc. v. Alltex Precision Co.

DAVIS, Justice.

Plaintiff-appellee, Alltex Precision Company, Inc., sued defendant-appellant, Cotton Belt Gin and Mill Supply, Inc., for the making and fabrication of a stamping die, and for attorney’s fees. The order for the die was placed on August 4, 1959, and delivery was to have been in eight weeks. The die was not delivered according to the purchase order, and has never been delivered. The appellee carried the die to the appellant’s place of business three or four times for the purpose of delivering the same, but neither time would the die work, and it was carried back to the appellee’s…