Nibco, Inc. v. Continental Water Systems Company of Central Texas

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

NO. 3-93-522-CV

NIBCO, INC.,

APPELLANT

vs.

CONTINENTAL WATER SYSTEMS COMPANY OF CENTRAL TEXAS,

APPELLEE

FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY

NO. 196,896, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

Nibco, Inc. appeals from a judgment rendered against it on the jury's verdict, and for a stipulated amount of damages, in a suit brought by Continental Water Systems Company of Central Texas ("Continental"). We will reverse the trial-court judgment and remand the cause to the trial court.

THE CONTROVERSY

Continental purchased a pipe…