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BOWEN v. ROBINSON

No. 01-05-00605-CV.

227 S.W.3d 86 (2006)

Max BOWEN, Individually and d/b/a Max Bowen Enterprises, Appellant, v. Roy B. ROBINSON, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled September 7, 2006.

Attorney(s) appearing for the Case

Charles W. Kelly, Kelly, Sutter, & Kendrick, Houston, TX, for Appellant.

Phillip R. Livingston, Deanna H. Livingston, Livingston & Livingston, L.L.C., Houston, TX, Russell Burwell, Burwell, Burwell & Nebout, Texas City, TX, for Appellee.

Panel consists of Justices TAFT, HIGLEY, and BLAND.

OPINION

TIM TAFT, Justice.

Appellant, Max Bowen, individually and d/b/a Max Bowen Enterprises ("Bowen"), appeals from a judgment rendered upon a jury's award of damages for breach of contract in favor of appellee, Roy B. Robinson. We determine (1) whether the trial court abused its discretion by submitting Robinson's breach-of-contract claim to the jury because the cause of action was allegedly unpleaded; (2) whether Robinson's judicial admissions barred...

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