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WEBB MATERIALS, INC. v. LACEY

No. 14036.

364 S.W.2d 473 (1963)

WEBB MATERIALS, INC., Appellant, v. Bateman Bell LACEY, Jr., Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied February 6, 1963.

Attorney(s) appearing for the Case

Mann, Fisher & Castillon, Laredo, for appellant.

Gerald Weatherly, Laredo, Will Wilson, Atty. Gen., Joe A. Osborn, Ben M. Harrison, Asst. Attys. Gen., Austin, for appellee.

POPE, Justice.

This is a double appeal. Plaintiff, Bateman Bell Lacey, Jr., sued Webb Materials, Inc., for damages and rescission of a lease upon grounds of fraud. The jury found the elements of fraud, and the court awarded Lacey $1,750.00 damages. Webb Materials appeals from that judgment, which we must reverse because there is no proof of damages. Lacey appealed from the judgment because the court refused to order a rescission. We affirm that part of the judgment...

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