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FULCRUM CENTRAL v. AUTOTESTER, INC.

No. 05-02-01132-CV.

102 S.W.3d 274 (2003)

FULCRUM CENTRAL, Appellant, v. AUTOTESTER, INC., Appellee.

Court of Appeals of Texas, Dallas.

March 17, 2003.

Attorney(s) appearing for the Case

Keith A. Langley, Goodwin Gruber, P.C., Dallas, for appellant.

Michael L. Jones, Henry, Meier & Jones, L.L.P., Dallas, for appellee.

Before Justices WRIGHT, FITZGERALD, and LANG.

OPINION

Opinion by Justice LANG.

Fulcrum Central ("Fulcrum") appeals the summary judgment rendered against it in favor of AutoTester, Inc. ("AutoTester"). In two issues, Fulcrum contends the trial court erred in ruling that the parties had agreed to an implied novation of a commercial lease because (1) Fulcrum proved that no novation existed as a matter of law, or (2) alternatively, AutoTester failed to prove that no fact issues remained as to whether the...

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