ALPHA MARKETING, INC. v. HONEYWELL, INC.

No. 05-84-00454-CV.

690 S.W.2d 35 (1985)

ALPHA MARKETING, INC., Appellant, v. HONEYWELL, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied April 8, 1985.


Attorney(s) appearing for the Case

Frank Edward Kohn, William Eyres, Dallas, for appellant.

Kevin Keith, Dallas, for appellee.

Before STEPHENS, ALLEN and GUILLOT, JJ.


GUILLOT, Justice.

This is an appeal from a summary judgment in which the trial court held that the liquidated damages clause contained in a contract between the parties limited Alpha Marketing's recovery to $704.70. Because we hold that there is a fact issue with regard to the applicability of the liquidated damages clause, we reverse.

In determining the propriety of a judgment based upon a summary judgment motion, the evidence must be viewed in the light...

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