OPINION
REX D. DAVIS, Chief Justice.
Odell Geer Construction Company ("Geer") sued Frost Crushed Stone Company ("Frost") under theories of breach of contract, negligent misrepresentation, and promissory estoppel. Before trial, Geer non-suited Frost on all claims except promissory estoppel. Following a jury trial, the court entered judgment in favor of Geer. The jury awarded actual damages in the amount of $40,000 plus attorney's fees. Frost argues that 1...
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