On April 6, 1962, Signal entered into an Isomax process license agreement with UOP, which was amended on March 24, 1966. In this agreement, UOP, as the owner of the patent rights to the Isomax process, granted Signal a license to use the Isomax process in Signal`s facilities. On June 22, 1966, Signal entered into a contract with Procon, a subsidiary of UOP, procon agreeing to acquire the necessary materials and equipment and build an Isomax unit and hydrogen plant at the Houston Signaling Plant. Prior to this contract, on March 24, 1966, Procon and UOP had entered into a *323 technical agreement in which UOP agreed to provide Procon with the technical design specifications necessary for the construction of the Isomax unit in the signalling plant. On April 18, 1966, UOP provided Procon with specifications for the load heater for the Isomax reactor, a component of the plant. Then, on the 21st. In July 1966, Procon commissioned Alcorn to purchase the reactor`s load heater by order; Alcorn accepted such an order on October 24, 1966. After that, Alcorn provided the heating, and Procon built and installed the unit in the Houston plant premises. The isomax processing plant was commissioned in February 1968. Less than three months later, on April 26, 1968, the unit broke up and caused a fire that resulted in the damage for which this lawsuit was filed. ELECTRONIC COMMUNICATIONS When you use the Procon Analytics Services or send us emails, text messages and other communications from your computer or mobile device, you are communicating with us electronically. You agree to receive communications from us electronically.

We communicate with you in a variety of ways, e.B. via email, SMS, in-app push notifications or by posting reviews and messages on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically comply with all legal requirements that such notices be in writing. The Web Content is offered to you on the condition that you accept the terms and conditions and notices contained herein without modification. Your use of the Web Content constitutes your acceptance of all such terms, conditions and notices. These Terms of Use apply to your access to and use of the Web Content and do not modify in any way the terms of any other agreement you have entered into with the Company for products, software, services or otherwise, unless the Company orders otherwise. [1] At the lower instance, two other parties joined Signal as plaintiffs and complainants: The Signal Companies, Inc., the parent company of Signal Oil & Gas Company, and the Bank of American National Trust & Savings Association. This funded and participated in the isomax plant in the Houston signaling plant. In that court, all parties filed an application for amicable dismissal, without prejudice to Signal Companies, Inc. and the Bank of America National Trust & Savings Association. The application was made to that court on 11 November 1977 with the request that the court issue an order implementing the agreement of the parties to clarify the agreement of the parties in the immediate action.

That application is upheld at the same time as the submission of that opinion, with the result that Signal Oil & Gas Company remains the only applicant currently before that court. YOUR ACCOUNT If a username and password are required to access the Web Content (“Restricted Web Content”), you agree to be bound by the terms of the Procon Analytics Subscription Agreement and/or the Marketing Framework Agreement associated with such Restricted Web Content. You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer, and you agree to assume responsibility for all activities that occur under your account or password. In Nobility Homes of Texas, Inc. v. Shivers, 557 S.W.2d 77 (Tex.1977), this court limited the scope of strict liability by excluding the recovery of economic losses and finding that such economic loss was recoverable only under the Texas Business and Commerce Code. In Mid Continent Aircraft Corporation v. Curry County Spraying Service, Inc. and Cravens, Dargan and Company, 572 S.W.2d 308 (Tex.1978), which was decided that day, that court also held that, if only the product itself is damaged, such damage constitutes an economic loss that can only be claimed as compensation for the breach of an implied warranty under the Code. In the present case, Signal relied on alleged property damage in the form of damage to the product itself and other surrounding property. In paragraph XII of Signal`s second amended original claim, the pecuniary damage is claimed as follows: In Signal`s negligence lawsuit against Procon and Alcorn, the jury found that Alcorn was negligent in failing to provide 25-12 screws and that Procon negligently used the B-7 screws when assembling the heater.

Both actions turned out to be the immediate cause of the tube rupture. However, the jury also found that Signal was partly responsible for not turning off the heater before the fire, as it had been warned of the danger and had ignored that warning. As a result, the Court of First Instance refused to recover Signal for negligence. [4] The judgment for negligence is not contested before and before this court. Therefore, the decision and judgment of the Court of First Instance as to the cause of negligence of the appeal are final. [6] In Special Issue 41, the jury noted that Signal did not voluntarily assume the risk when asked that signal, in order for it to have assumed the risk, “must have effectively known and fully recognized the nature and extent of the hazard associated with the operation of the reactor load heater without the center tube guides, and he must have been voluntarily and voluntarily exposed to the danger that such a condition causes his damage, if any. In Special Issue 42, the jury concluded that the operation of the heater without the signal center pipe guides constituted an abuse of heating; but in special issue 43, the jury could not determine that such abuses were one of the main causes of the fire. .