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A. B. C. TRUCK RENTAL & LEAS. CO. v. PLETZ

No. 15535.

540 S.W.2d 532 (1976)

A. B. C. TRUCK RENTAL AND LEASING CO., Appellant, v. M. B. PLETZ et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied September 8, 1976.

Attorney(s) appearing for the Case

Craig L. Austin, Cluck, Austin & Johnson, San Antonio, for appellant.

Wiley, Plunkett, Gibson & Allen, San Antonio, for appellees.

BARROW, Chief Justice.

Appellant, ABC, has perfected its appeal from an instructed verdict that it take nothing in its suit against appellees, M. B. Pletz, contractor, and Fidelity & Deposit Company of Maryland, surety, to recover damages for breach of a contract to erect a truck rental facility, including a paved parking area.

On September 10, 1971, ABC contracted with Pletz for construction of the facility according to certain plans and specifications...

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