Legal Opinion
Kiser v. Lemco Industries, Inc.
Court of Appeals of Texas
Decided March 29, 1976No. 8656PublishedCited by 16 opinions
1Opinion of the Court
ON MOTION FOR REHEARING
REYNOLDS, Justice.
Our 8 March 1976 opinion is withdrawn and this opinion is substituted.
Summary judgment was rendered in favor of Lemco Industries, Inc., for the $20,-000 difference between the cost of substitute grain and the contract price of the grain Nathan Kiser agreed to, but did not deliver to Lemco. The record fails to demonstrate that no fact issue stands in the way of judgment for Lemco. Reversed and remanded.
Lemco pleaded that a written contract whereby it agreed to buy, and Kiser agreed to sell, one million pounds of grain at $2.50 per hundredweight for…
2Cases cited9 opinions
- Gibbs v. General Motors CorporationTexas Supreme Court · 1970
- Swilley v. HughesTexas Supreme Court · 1972
- Torres v. Western Casualty and Surety CompanyTexas Supreme Court · 1970
- Farley v. Prudential Insurance CompanyTexas Supreme Court · 1972
- Laredo Hides Co., Inc. v. H & H Meat Products Co., Inc.Court of Appeals of Texas · 1974
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bayer Corp. v. DX Terminals, Ltd., Texas Court of Appeals, 14th District (Houston)2007
- Manon v. Tejas Toyota, Inc., Texas Court of Appeals, 14th District (Houston)2005
- Dura-Wood Treating Company, Division of Roy O. Martin Lumber Company, Inc., Cross-Appellant v. Century Forest Industries, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1982
- Jon-T Farms, Inc. v. Goodpasture, Inc.Court of Appeals of Texas · 1977
- Elliott v. DavisCourt of Appeals of Texas · 1977
11 more not listed; retrieve them via the Exa API.