Texas Automatic Sprinklers, Inc. v. Sterling

EVANS, Justice.

This is an appeal from an order dismissing the defendant’s counterclaim which was dismissed on the ground of a prior action pending.

In September 1977 the plaintiff and defendant entered into a contract (the Joy Contract) under which the plaintiff agreed to erect a water storage tank in connection with a sprinkler system being installed by the defendant at the Joy Manufacturing Company in Harris County.

In January 1978 the parties entered into a second contract (the Reed Contract) under which the plaintiff was to erect another water storage tank in connection with a sprinkler…