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CHALLENGER SALES & SUPPLY v. HALTENBERGER

No. 09 85 194 CV.

730 S.W.2d 453 (1987)

CHALLENGER SALES & SUPPLY, Formerly Drill Systems, a Division of Challenger International Services, Inc., Appellant, v. Jules HALTENBERGER, et al., Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied June 3, 1987.

Attorney(s) appearing for the Case

Daniel A. Hyde, Vinson & Elkins, Houston, for appellant.

William H. Young, Young & Hampton, Houston, Guy E. Hopkins, Hopkins & Corley, Conroe, for appellee.

OPINION

DIES, Chief Justice.

In the spring of 1981, Jules Haltenberger contracted to purchase three drilling rigs from Skytop Brewster, Inc. The completed rigs were scheduled to be delivered in September 1981, October 1981, and January 1982. Only one of these rigs was ever delivered to Haltenberger. This was the NE-95 rig, originally scheduled for delivery in September 1981.

Haltenberger authorized Freddie Fredericksen, a Montgomery County resident...

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