Capitol Brick, Inc. v. Fleming Manufacturing Co.

ON MOTION FOR REHEARING

McGEE, Justice.

We grant respondent’s motion for rehearing, withdraw our opinion and judgment of July 9, 1986, and substitute this opinion.

In this appeal from a default judgment Capitol Brick, Inc., a Texas corporation, sued Fleming Manufacturing Co., Inc., a Missouri corporation, alleging breach of warranty and violation of the Texas Deceptive Trade Practices Act in the sale of a brick mold. The trial court rendered a default judgment against Fleming Manufacturing. The court of appeals granted Fleming’s writ of error and reversed the judgment of the trial court, holding…