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PHILLIPS v. PHILLIPS

No. D-0107.

820 S.W.2d 785 (1991)

Martha Jean PHILLIPS, Petitioner, v. Harry S. PHILLIPS, et al., Respondents.

Supreme Court of Texas.

Rehearing Overruled January 29, 1992.

Attorney(s) appearing for the Case

Michael S. Wilk, Anna L. Stock, Jay N. Gross, Houston, for petitioner.

Patrick Kelley, Otis Carroll, Tyler, for respondents.

OPINION

HECHT, Justice.

We granted the applications for writ of error in this case to decide whether a contractual provision that requires payment of a multiple of actual damages for breach of trust is an unenforceable penalty, and if so, whether the defense of penalty was waived because it was not pleaded. The trial court and court of appeals refused to enforce the provision. 792 S.W.2d 269 (Tex.App.1990). We affirm the...

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