NBS SOUTHERN, INC. v. MAIL BOX, INC.

No. 05-88-00867-CV.

772 S.W.2d 470 (1989)

NBS SOUTHERN, INC., Appellant, v. The MAIL BOX, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied June 21, 1989.


Attorney(s) appearing for the Case

Stephen A. Ragucci, Dallas, for appellant.

Todd E. Marshall, Dallas, for appellee.

Before ROWE, STEWART and OVARD, JJ.


ROWE, Justice.

Appellee, The Mail Box, Inc., brought this third party action against appellant, NBS Southern, Inc., to recover for breach of warranty. The trial court granted a default judgment in favor of Mail Box for $56,907.50 actual damages, $6,000.00 attorney fees, and prejudgment interest at the rate of six percent per annum. In its first point of error, NBS complains that the trial court erred in granting a default judgment in the absence of proof that it had...

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