AMERICAN POZZOLAN CORP. v. DESERT TRUCKING CO.

No. 14848.

450 S.W.2d 433 (1970)

AMERICAN POZZOLAN CORPORATION, Appellant, v. The DESERT TRUCKING COMPANY, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied February 18, 1970.


Attorney(s) appearing for the Case

Edwards, Belk, Hunter & Kerr, El Paso, for appellant.

Malcolm McGregor, Philip T. Cole, El Paso, for appellee.


CADENA, Justice.

This is an appeal by defendant, American Pozzolan Corporation, from a judgment rendered against it awarding plaintiff, The Desert Trucking Company, $15,000.00 as damages. The judgment was based on jury findings of breach of contract by defendant.

Defendant first complains of the failure of the trial court to submit special issues inquiring (1) whether plaintiff had failed to perform its obligation under the contract to keep certain insurance...

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