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ST. PAUL MERCURY INS. CO. v. SUGARLAND INDUS., INC.

No. 4091.

406 S.W.2d 778 (1966)

ST. PAUL MERCURY INSURANCE COMPANY, Appellant, v. SUGARLAND INDUSTRIES, INC., Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 7, 1966.

Attorney(s) appearing for the Case

Butler, Binion, Rice, Cook & Knapp, Frank J. Knapp, Houston, George Roane, Rosenberg, for appellant.

Baker, Botts, Shepherd & Coates, Alvin M. Owsley, Jr., and John C. Held, Houston, for appellee.

WALTER, Justice.

J. T. Falco and others purchased cotton seed from Sugarland Industries. Sugarland represented to Falco that the seed had a germination rate of 80%. Falco filed suit against Sugarland for lost profits because the seed did not have a germination rate of 80%. Sugarland called upon St. Paul Insurance Company to defend such suit because, it contended, it was covered by a policy which it had with St. Paul. The insurance company denied coverage and refused...

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