General Investment Corp. v. Texas Refinery Corp.

MADDOX, Justice.

This case involves the propriety of a summary judgment for the defendant in a suit for breach of warranty and fraud. We reverse.

Charles Little, the president and sole stockholder of General Investment Corporation (hereinafter G.I.C.), acting in his capacity as president, ordered over $20,000 worth of roofing material from Texas Refinery Corporation in the early part of 1980, in four separate orders. G.I.C. paid for the first three orders by check at the time of purchase. The fourth order was to be paid for on a 120-day basis. G.I.C.’s account remained unpaid in August of 1980.…