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BABER v. PIONEER CONCRETE OF TEXAS, INC.

No. 2-94-224-CV.

919 S.W.2d 664 (1995)

Janis BABER, Mary Lou Mooney and Marilyn Cadenhead, Appellants, v. PIONEER CONCRETE OF TEXAS, INC., Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled October 5, 1995.

Attorney(s) appearing for the Case

Don Driver, Law Offices of Don Driver, Fort Worth, for appellants.

Charles R. Haworth, Bruce H. Rogers, Scott, Douglass, Luton & McConnico, L.L.P., Dallas, for appellee.

Before RICHARDS, J., and SAM BASS and JOE SPURLOCK, II, JJ. (Retired) (Sitting by Assignment).

OPINION

SAM BASS, Justice (Retired) (Sitting by Assignment).

Appellants Janis Baber, Mary Lou Mooney and Marilyn Cadenhead sued appellee Pioneer Concrete of Texas, Inc. on theories of breach of contract and fraud allegedly committed by appellee when it canceled leases to mine sand & gravel on appellants' property. Appellee responded by general denial and affirmative defenses of failure of consideration, fraud, unclean hands, limitations, failure to mitigate...

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