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COLE CHEMICAL & DISTRIBUTING, INC. v. GOWING

No. 14-03-01092-CV.

228 S.W.3d 684 (2005)

COLE CHEMICAL & DISTRIBUTING, INC., Appellant/Cross-Appellee, v. Brendan F. GOWING, Individually and as Guarantor, Appellee/Cross-Appellant.

Court of Appeals of Texas, Houston (14th Dist.).

March 15, 2005.

Attorney(s) appearing for the Case

Tom M. Whiteside, Wauson & Associates, P.C., Sugarland, John Wesley Wauson, Matthew Brian Probus, Balcom Law Firm, P.C., Houston, for appellant.

Brett W. Arnold, for appellee.

Panel consists of Justices YATES, EDELMAN, and GUZMAN.

OPINION

LESLIE BROCK YATES, Justice.

This case involves a commercial landlord/tenant dispute that ultimately resulted in the tenant, appellee/cross-appellant Brendan F. Gowing, individually and as guarantor, being locked out of his leased property. The landlord, appellant/cross-appellee Cole Chemical & Distributing, Inc. ("Cole"), sued Gowing for breach of the rental agreement to recover unpaid rent and late fees. Gowing asserted the affirmative defense...

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