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OEHLERT v. MASSEY

No. 06-95-00053-CV.

919 S.W.2d 796 (1996)

Jim OEHLERT, Appellant, v. Jeff MASSEY and Priscilla Massey, E.W. and Sarah Massey, all individually and d/b/a Massey's No. 1 and Massey's Convenience Center, Inc., Appellees.

Court of Appeals of Texas, Texarkana.

Decided March 14, 1996.

Rehearing Overruled April 10, 1996.

Attorney(s) appearing for the Case

Frank Supercinski, Longview, for appellant.

Larry Powers, Powers & Blount, Sulphur Springs, for appellees.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

OPINION

CORNELIUS, Chief Justice.

Jim Oehlert appeals from an adverse judgment based on a jury verdict in his breach of contract action against Jeff Massey. He challenges, among other things, the legal and factual sufficiency of the evidence to support the verdict, and contends that the trial court gave the jury an incorrect instruction on the measure of damages. We agree that the damage instruction was incorrect, and will reverse and remand for a new trial...

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