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GENERAL CORROSION, ETC. v. K WAY EQUIP. CO.

No. 1517.

631 S.W.2d 578 (1982)

GENERAL CORROSION SERVICES CORPORATION, Appellant, v. The "K" WAY EQUIPMENT COMPANY, INC., Appellee.

Court of Appeals of Texas, Tyler.

March 29, 1982

Attorney(s) appearing for the Case

Paul E. White, Zeleskey, Cornelius, Rogers, Hallmark & Hicks, Lufkin, for appellant.

Jerry L. Calhoon, McDonald, Calhoon & Kolstad, Palestine, for appellee.

MOORE, Justice.

This is a contract case. The "K" Way Equipment Company, Inc. (K Way), a rental lessor as plaintiff, sued General Corrosion Services Corporation (GSC), lessee, as defendant, for the value of a rented air compressor which was lost by the defendant while traveling on a public highway. The defendant lessee answered that pursuant to the terms of the "Damage Waiver" clause of the Equipment Rental Contract, its liability was limited to $250.

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