Carroll Instrument Co. v. B.W.B. Controls, Inc.

OPINION

LEVY, Justice.

B.W.B. Controls, Inc., hereinafter referred to as appellee, placed an order with appellant, Carroll Instrument Co., Inc., in 1976 for certain component parts which were to be manufactured into a device used in the oilfield industry, known as an “O Control.” The parties agreed on the price and quantity of the parts to be purchased, and appellee paid approximately one-half of the purchase price as a deposit.

The parties specified that the parts were to be made of a certain type of rust-resistant stainless steel (“303” stainless steel), but some of the parts, shipped to…