County of Ector v. City of Odessa

OPINION

RAMSEY, Chief Justice.

This is an appeal from a summary judgment. The City of Odessa, Plaintiff-Ap-pellee, brought suit against the County of Ector to recover under a contract for loss of fire fighting equipment. Both parties filed motions for summary judgment and the motion filed by the City was granted. We reverse and remand.

The contract involved was executed on August 22, 1967, whereby the City agreed to furnish to the County fire protection outside its corporate limits and within the confines of the County for the year 1968. The provisions in the contract that are pertinent to this…