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CHURCHILL FORGE, INC. v. BROWN

No. 00-0270.

61 S.W.3d 368 (2001)

CHURCHILL FORGE, INC., Petitioner, v. JoAnn Hamilton BROWN, Respondent.

Supreme Court of Texas.

Decided November 15, 2001.

Rehearing Overruled January 10, 2002.

Attorney(s) appearing for the Case

Mark Thomas Zuniga, R. David Fritsche, Law Offices of R. David Fritsche, San Antonio, Douglas Bernard Lang, Cozen and O'Connor, Dallas, for Petitioner.

Archie Carl Pierce, Mike Thompson, Jr., Wright & Greenhill, Austin, for Respondent.

Justice ENOCH delivered the opinion of the Court, in which Justice HECHT, Justice OWEN, Justice JEFFERSON, and Justice RODRIGUEZ join.

The question in this case is whether by statute or the common law, a commercial landlord is prohibited from contractually obligating its tenant to be responsible for damages caused by the tenant, the tenant's occupant, or guest. In this case, JoAnn Brown co-signed a lease with her adult son, Carl Jeffrey ("Jeff"), for an apartment...

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