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JALCO, INC. v. TOOL TRADERS, INC.

No. 16655.

535 S.W.2d 898 (1976)

JALCO, INC., Appellant, v. TOOL TRADERS, INC., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

March 25, 1976.

Attorney(s) appearing for the Case

Marvin Schulman, Houston, for appellant.

Lapin, Totz & Mayer, William A. Petersen, Jr., Houston, for appellee.

COLEMAN, Chief Justice.

Tool Traders, Inc. sued to recover on an account from Jalco, Inc. for the rental of equipment and the value of equipment rented by defendant but not returned. The trial was to the court without a jury and resulted in a judgment for the plaintiff.

Jalco contends that the trial court erroneously entered judgment for rentals which were not placed in issue by the pleadings and that Tool Traders was not entitled to recover under the bailment...

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