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PDS & W v. ELCOR CORP.

No. 08-87-00330-CV.

754 S.W.2d 810 (1988)

PDS & W, A Partnership, George Snyder, Individually, and Darrell Davis, Individually, Appellants, v. ELCOR CORPORATION, Appellee.

Court of Appeals of Texas, El Paso.

July 20, 1988.

Attorney(s) appearing for the Case

Christopher F. Johnston, Jeffrey T. Weikert, Studdard, Melby, Schwartz, Parrish & Maxfield, El Paso, for appellants.

Elizabeth M. Marsh, Randall Lundy, Lynch, Chappell, Allday and Alsup, Midland, for appellee.

Before OSBORNE, C.J., and SCHULTE and WOODARD, JJ.

OPINION

SCHULTE, Justice.

This represents a breach of contract action brought by Elcor Corporation against Appellants and a deceptive trade practices counterclaim by Appellants concerning equipment purchased on an "as is, where is," basis, by Appellants from Appellee. The surnames of the partners were Poyner, Davis, Snyder and Wilkes. The jury set damages for Appellee at $50,000.00 plus attorney's fees. Appellants purchased equipment from Elcor's Rockhouse...

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