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NCISD BD OF TRUSTEES v. BURNHAM AUTOCOUNTRY, INC.

No. 06-97-00073-CV.

960 S.W.2d 957 (1998)

NEW CANEY INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES as Body Corporate in the Name of New Caney Independent School District, Appellant, v. BURNHAM AUTOCOUNTRY, INC., Appellee.

Court of Appeals of Texas, Texarkana.

Decided February 6, 1998.

Attorney(s) appearing for the Case

Dennis Eichelbaum, Schwartz & Eichelbaum, Austin, for appellant.

J. Mitchell Smith, Wells, Peyton, Greenberg & Hunt, Beaumont, for appellee.

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

OPINION

CORNELIUS, Chief Justice.

This is an appeal from a default judgment. Burnham Autocountry, Inc. ("Burnham") filed suit against the New Caney Independent School District ("NCISD") and the board of trustees of the district in its official capacity, alleging a breach of a contract for the purchase of vehicles. The trial court rendered default judgment against the board of trustees in its official capacity because it failed to file an answer. The trustees...

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