Modular Technology Corp., Metal Board Division v. City of Lubbock

REYNOLDS, Justice.

Modular Technology Corporation, Metal Board Division, sought declaratory judgment that its contractual obligation to furnish “12,000 side loading refuse containers, + or - 25%” to the City of Lubbock was fulfilled when it had delivered 9,000 containers. The trial court, sitting sans jury and finding the contract to be ambiguous, heard parol evidence and rendered judgment, supported by findings of fact and conclusions of law, sustaining the city’s contention that the contract vested in the city the option to determine the number of containers it required within the limits of…