Morales v. Dalworth Oil Co., Inc.

OPINION

HUGHES, Justice.

This default judgment case is before us on petition for writ of error perfected in accordance with TEX.REV.CIV.STAT. ANN. art. 2249 (Vernon Supp.1985) and TEX.R.CIV.P. 360 and 363. Appellant raises three points of error.

We reverse and render.

Appellee, a seller of gasoline and gasoline tanks, sued six named defendants, including appellant, for recovery of an unpaid debt arising from appellee’s installation of certain gasoline dispensing equipment. All defendants except appellant were sued for breach of express contract and alternatively for either breach of implied…