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LIBERTY SIGN COMPANY v. NEWSOM

No. B-390.

426 S.W.2d 210 (1968)

LIBERTY SIGN COMPANY et al., Petitioners, v. Lee E. NEWSOM, Respondent.

Supreme Court of Texas.

Rehearing Denied May 1, 1968.

Attorney(s) appearing for the Case

Malone, Seay, Gwinn & Crawford, George Seay and Durwood Crawford, Akin, Gump, Strauss, Hauer & Feld, Dallas, for petitioners.

Grady, Johnson, Smith & Blakeley, Robert C. Johnson, Dallas, for respondent.

WALKER, Justice.

This suit was brought by Liberty Sign Company to recover accrued rent, liquidated damages and attorney's fees alleged to be owing under its advertising display sign rental contract with Lee E. Newsom. The Court of Civil Appeals held that Liberty is not entitled to liquidated damages because: (1) Liberty had breached the lease contract by failing to replace the signs after they were removed by Newsom's assignee; and (2) Liberty, by demanding and accepting...

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