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MURPHY v. CINTAS CORP.

No. 12-94-00371-CV.

923 S.W.2d 663 (1996)

R.K. MURPHY a/k/a Ken Murphy d/b/a Murphy's Exxon and d/b/a Murphy's Chevron, Appellant, v. CINTAS CORPORATION, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled March 14, 1996.

Attorney(s) appearing for the Case

H.L. McGee, for appellant.

Ronnie Horsley, Tyler, for appellee.

HOLCOMB, Justice.

Ken Murphy appeals from a judgment awarding Cintas Corporation $6,167.30 for breach of a uniform rental agreement. In the first six points of error, Murphy challenges the legal sufficiency of the evidence to support the court's award of liquidated damages. In his seventh point, Murphy contends that the court erred when it awarded liquidated damages because the stipulated damage clause in the contract was an unenforceable penalty, as a matter of law...

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