Lemco Gypsum, Inc. v. Omni-Lift, Inc.

Benham, Judge.

Appellant Lemco Gypsum, Inc. (“Lemco”) produces gypsum bri*535quettes for sale to other companies and is the only company that engages in such an activity. On July 9, 1981, Lemco and appellants Frank Miller and L. E. Miller, Jr., two of Lemco’s officers, entered into a contract to purchase three conveyor belt systems from appellee Omni-Lift, Inc. The systems were to be used to expedite the gypsum briquette production process. All three belt systems were fully installed and in use between March 28, 1982, and October 1982, when Lemco advised Omni-Lift that it was removing the…