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Remedies Keyed to Kovacic-Fleischer, 8th
Aztec Corp. v. Tubular Steel, Inc.
Citation:
758 S.W.2d 793 (1988)Facts
Tubular Steel received an order from its customer, Peabody World Trade, for specialized pipe with specific end finishes and mill certificates. Tubular contacted Aztec Corporation and spoke with Ken Chalaire, Aztec’s operations manager, who quoted a price and agreed to supply the pipe. After verbal agreement, Tubular sent a written purchase order to Aztec. Chalaire later informed Tubular that a friend, Jim LaBouve, had the pipe and could supply it. Due to time constraints, Aztec instructed Tubular to wire payment directly to LaBouve Drilling’s account. The pipe delivered did not meet specifications and was rejected by Peabody. Tubular purchased conforming pipe elsewhere for a higher price and sued Aztec for breach of contract, breach of warranty, and fraudulent misrepresentation when it could not obtain a refund of $64,739 paid for the nonconforming goods.
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