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WM. S. BAKER, INC. v. SIMS

No. 20069.

589 S.W.2d 492 (1979)

WM. S. BAKER, INC., and Transamerica Insurance Company, Appellants, v. James D. SIMS, d/b/a Simtex Industries, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied November 1, 1979.

Attorney(s) appearing for the Case

William Woodburn, Woodburn, Sullivan & Hayslett, Dallas, for appellants.

James David Brown, Davenport & Brown, Dallas, for appellee.

Before AKIN, STOREY and HUMPHREYS, JJ.

HUMPHREYS, Justice.

The question presented on this appeal is whether a party may raise for the first time in this court the argument that the judgment does not conform to the pleadings in compliance with Tex.R.Civ. P. 301. Appellants, William S. Baker, Inc., and Transamerica Insurance Company, did not make any objection to the amount of the judgment at trial or move for new trial on the ground that the judgment was in excess of the amount pleaded. We hold that failure...

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