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CAL-TEX LUMBER CO., INC. v. OWENS HANDLE CO., INC.

No. 12-97-00129-CV.

989 S.W.2d 802 (1999)

CAL-TEX LUMBER COMPANY, INC., Appellant, v. OWENS HANDLE COMPANY, INC., Appellee.

Court of Appeals of Texas, Tyler.

February 25, 1999.

Attorney(s) appearing for the Case

Mike Hatchell, Tyler, Clayton E. Dark, Jr., Lufkin, for appellant.

Tom D. Rorie, Nacogdoches, for appellee.

Panel consisted of RAMEY, Jr., C.J., HADDEN, J., and WORTHEN, J.

RAMEY, Justice.

Owens Handle Company, Inc. ("Owens Co.") sued Cal-Tex Lumber Company, Inc. ("Cal-Tex") for breach of contract and violation of the Texas Deceptive Trade Practices Act ("DTPA"). The jury awarded Owens Co. $1,299,445 in damages on the breach of contract action, and $1,299,445 in actual damages plus $50,000 in exemplary damages on the DTPA cause of action. Owens Company subsequently elected to recover under breach of contract. Cal-Tex appeals raising...

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