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OETTING v. FLAKE UNIFORM & LINEN SERVICE, INC.

No. 17814.

553 S.W.2d 793 (1977)

Howard W. OETTING, Appellant, v. FLAKE UNIFORM & LINEN SERVICE, INC., Appellee.

Court of Civil Appeals of Texas, Fort Worth.

June 23, 1977.

Attorney(s) appearing for the Case

Gibson, Darden & Hotchkiss, and Tony Hotchkiss, Wichita Falls, for appellant.

Sherrill, Pace, Rogers, Cosnoe & Morrison, and Lonny D. Morrison, Wichita Falls, for appellee.

OPINION

SPURLOCK, Justice.

This is a suit against Howard W. Oetting as guarantor of the obligations of The Baker Corporation under two garment rental contracts with Flake Uniform & Linen Service, Inc. Baker Corporation failed to pay its monthly obligation and Flake Uniform obtained judgment for liquidated damages. Oetting appeals on the ground the contract provision for liquidated damages is unenforceable because it provides for a penalty.

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