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McCREA v. CUBILLA CONDOMINIUM CORP.

No. 01-86-00842-CV.

769 S.W.2d 261 (1988)

David Wilson McCREA, Appellant, v. CUBILLA CONDOMINIUM CORPORATION, N.V. and Fidinam (U.S.A.), Inc., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 27, 1989.

Attorney(s) appearing for the Case

Karen A. Lerner, Houston, for appellant.

Jim Flegle, Bracewell & Patterson, Houston, for appellees.

Before LEVY, WARREN and DUGGAN, JJ.

OPINION

LEVY, Justice.

The Court's opinion of September 10, 1987, is withdrawn, and the following is substituted therefor.

Appellant, David Wilson McCrea, appeals a take-nothing judgment entered after a second trial to the court. The issues at that trial were whether an express warranty was breached and, if so, the amount of damages occasioned thereby. Appellant asserts three points of error.

Appellant filed his original action alleging fraud...

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