AIRBORNE FRIEGHT CORP., INC. v. C.R. LEE ENTERPRISES

No. 08-91-00129-CV.

847 S.W.2d 289 (1992)

AIRBORNE FREIGHT CORPORATION, INC., and Cindy Whitson, Appellants, v. C.R. LEE ENTERPRISES, INC., Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled February 3, 1993.


Attorney(s) appearing for the Case

David M. Pruessner, Fletcher & Springer, L.L.P., Walter G. Pettey, III, Pettit & Martin, Dallas, for appellants.

Paul J. Coselli, Redding, Coselli, Tinsley & Allie, David J. Sacks, Alexander & McEvily, Houston, for appellee.

Before OSBORN, C.J., and KOEHLER and LARSEN, JJ.


OPINION

LARSEN, Justice.

This case involves a contract dispute, and there's the rub. Plaintiff/appellee C.R. Lee Enterprises obtained a jury verdict against Airborne Freight Corporation, Inc. and Cindy Whitson, Airborne's regional manager (referred to as "Airborne") on a hybrid theory of negligent misrepresentation and fraud; Lee lost two breach of contract claims, one to a negative jury finding and one to summary judgment. We find that because the cause...

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