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BANNER SIGN & BARRICADE v. PRICE CONST.

No. 04-02-00181-CV.

94 S.W.3d 692 (2002)

BANNER SIGN & BARRICADE, INC., Appellant, v. PRICE CONSTRUCTION, INC., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled November 15, 2002.

Attorney(s) appearing for the Case

Darrell Frank Smith, Lopez & Smith, San Antonio, for Appellant.

Roland L. Leon and Vada L. Staha, Barker, Leon, Fancher & Matthys, L.L.P., Corpus Christi, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, SANDEE BRYAN MARION, Justice.

Opinion by PHIL HARDBERGER, Chief Justice.

Banner Sign & Barricade, Inc. ("Banner") appeals a summary judgment granted in favor of Price Construction, Inc. ("Price") with regard to an indemnity claim. Banner contends that the summary judgment was improperly granted because: (1) Price did not plead a cause of action for breach of contract; (2) Price failed to submit an affidavit to verify the subcontract between Banner and Price; and (3) the language in the subcontract...

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