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TEXAS BUILDERS v. KELLER

No. 95-0056.

928 S.W.2d 479 (1996)

TEXAS BUILDERS, Mark O'Brien, Gerard O'Brien, and Marvin Oates, Petitioners, v. James A. KELLER d/b/a James A. Keller Realtors, Respondent.

Supreme Court of Texas.

Rehearing Overruled September 19, 1996.

Attorney(s) appearing for the Case

Jeffrey S. Alley, Joseph L. Hood, Jr., David R. Pierce, El Paso, for Petitioners.

Brenda J. Norton, Phillip C. Bowen, El Paso, for Respondent.

OPINION

PER CURIAM.

Respondent, a real estate broker, sued petitioner, a commercial lessor, for breach of contract and fraud after petitioner refused to pay respondent a leasing commission. After a bench trial, the trial court rendered judgment for respondent for actual and punitive damages, and the court of appeals affirmed. 888 S.W.2d 586. We hold that respondent cannot recover for breach of contract because there is...

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