Alamo Lumber Co. v. Southwestern Sound Control, Inc.

KEITH, Justice.

Defendant below appeals from a judgment entered in a non-jury trial wherein *674plaintiff sued for the price of materials and labor it had furnished to the defendant. We will refer to the parties as they appeared in the trial court.

Defendant was the contractor engaged in constructing shopping centers in Temple and Harlingen (as well as other cities in Texas). It entered into a contract with plaintiff to install the flooring and acoustical ceilings in the centers at an agreed unit price for the type of material selected by defendant. The contract did not have a specific provision…