CGM Valve Co., Inc. v. Gulfstream Steel Corp.

WARREN, Justice.

This is an appeal from a summary judgment awarding appellee recovery over against appellant for damages assessed against appellee in a Florida lawsuit.

The issues are: (1) whether the remedy of “voucher” or “vouching in”, as provided by Section 2.607(e)(1) of the Texas Business and Commerce Code, is available under the facts of our case, and (2) whether this court can consider the proof offered by appellee for the purpose of determining its right to summary judgment under a common law indemnity action.

Appellee, a Florida corporation, contracted with Lang Afrique, Inc. to supply…