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ESSEX CRANE RENTAL CORP. v. STRILAND CONST. CO.

No. 05-87-00313-CV.

753 S.W.2d 751 (1988)

ESSEX CRANE RENTAL CORPORATION, Appellant, v. STRILAND CONSTRUCTION COMPANY, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied August 1, 1988.

Attorney(s) appearing for the Case

Maurice Bresenhan, Jr., Houston, for appellant.

Leonard A. Hirsch, Dallas, for appellee.

Before BAKER, HOWELL and ROWE, JJ.

BAKER, Justice.

Essex Crane Rental Corporation appeals from a judgment in which a jury awarded damages and attorney's fees to Striland Construction Company for breach of an equipment lease. We disagree with Essex' contentions that neither the pleadings nor the evidence supported the submission of the special issues concerning Essex' breach of the lease or the jury's finding of a breach. However, we do agree with Essex that the trial court erred in disregarding the...

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