Bufkor, Inc. v. Star Jewelry Co., Inc.

DIES, Chief Justice.

On Motion for Rehearing, the prior opinion is withdrawn and this opinion substituted therefor.

On February 20, 1975, plaintiff below, Star Jewelry Company, Inc., delivered certain items of jewelry to “Tavenier [sic] 1704 S. Post Oak Houstn [sic], Texas”. The invoice contained these words: “Goods must be purchased or returned within 5 days of receipt or they may be automatically invoiced to your account.” On January 15, 1975, defendant below, Bufkor, Inc., obtained a judgment against James T. Dolleslan-ger, individually, and doing business as Tav-ernier Jewelers. Thereafter,…