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AQUAMARINE ASSOCIATES v. BURTON SHIPYARD

No. C-1516.

659 S.W.2d 820 (1983)

AQUAMARINE ASSOCIATES, A Texas Partnership, Petitioner, v. BURTON SHIPYARD, INC. et al., Respondent.

Supreme Court of Texas.

Rehearing Denied December 7, 1983.

Attorney(s) appearing for the Case

Wright & Patton, William E. Wright, Houston, for petitioner.

Mehaffy, Weber, Keith & Gonsoulin, O.J. Weber, Brian Davis and Arthur R. Almquist, Beaumont, for respondent.

WALLACE, Justice.

This is a suit for breach of contract. Burton Shipyard, Inc. agreed to construct four ocean-going vessels for Aquamarine Associates. When Burton breached the contract, Aquamarine elected to "cover" by purchasing substitute vessels and then sued Burton and its president, J.C. Garner, for the difference between its cost of cover and the contract price. TEX.BUS. & COM. CODE ANN.§ 2.712 (Tex.UCC) (Vernon 1968). The competency of the evidence...

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