W. W. AUTO PARTS, INC. v. HYAK

No. 13748.

346 S.W.2d 919 (1961)

W. W. AUTO PARTS, INC., Appellant, v. Matry L. HYAK, Appellee.

Court of Civil Appeals of Texas, San Antonio.

May 17, 1961.


Attorney(s) appearing for the Case

James M. Fly, Victoria, for appellant.

Tibiletti & Williams, Victoria, for appellee.


POPE, Justice.

W. W. Auto Parts, Inc., as tenant, sued Matry L. Hyak, its landlord, for damages for breach of a lease agreement. The tenant failed to obtain jury findings of damages, and on the landlord's cross-action, the court rendered judgment against the tenant for unpaid rent in the sum of $4,500. On appeal, the tenant urges that the landlord breached the lease agreement and that the court should have ruled that there was a rescission from and after the breach...

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