Joc Oil Aromatics, Inc. v. COMMERCIAL FUEL OIL CO., INC.

COLEMAN, Chief Justice.

This is an appeal from an order denying a plea of privilege. It will be reversed.

Commercial alleged three theories for recovery: (1) breach of contract, (2) fraud and (3) deceptive trade practices. Commercial alleged a contract to supply Joe Oil with styrene tar. There was testimony that Joe Oil would delay for as much as a week in unloading Commercial’s trailer; that Joe Oil went to the people supplying material to Commercial and contracted with them directly; and that Joe Oil hired Commercial’s truck drivers. There is no testimony as to when this course of conduct…