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  5. 797 S.W.2d 944 (1990)
 

MURPHY v. CANION

No. B14-88-416-CV.

797 S.W.2d 944 (1990)

David R. MURPHY, Appellant, v. James E. CANION and Nordling Chateau Apartments, Ltd., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled September 13, 1990.

Attorney(s) appearing for the Case

Richard Frankel, Richard B. Miller, Thomas C. Wright, Houston, for appellant.

Kevin J. McEvily, Houston, for appellees.

Before ROBERTSON, SEARS and DRAUGHN, JJ.

OPINION

SEARS, Justice.

David R. Murphy filed suit against James E. Canion for breach of a partnership agreement and breach of fiduciary duty. The trial court awarded Murphy $796,237.15 in damages, but offset $307,574.65 of that award. Both parties appealed. In nine points of error Murphy challenges the court's offset. In eight points of error Canion challenges the remainder of the judgment. Concluding the trial court erred only in offsetting the judgment...

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