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MAYHALL v. PROSKOWETZ

No. 12405.

537 S.W.2d 320 (1976)

Homer R. MAYHALL et ux., d/b/a Beltone Hearing Aid Service H. R. "Tex" Mayhall Company, Appellants, v. Paul PROSKOWETZ, Individually and d/b/a Centex Hearing Aid Service, Inc., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 1, 1976.

Attorney(s) appearing for the Case

Milton L. Bankston, Stubbeman, McRae, Sealy, Laughlin & Browder, Austin, for appellants.

Malcolm Robinson, Hooper & Robinson, Austin, for appellee.

SHANNON, Justice.

Appellants1 filed suit in the district court of Travis County against appellee, Paul Proskowetz, for breach of an employment agreement. After appellants had rested their case, appellee moved the court to instruct the jury to return a verdict for him upon the basis that the provision in the employment agreement, which provided for "liquidated damages," was a penalty. The court...

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