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PALESTINE WATER WELL SERVICES v. VANCE SAND

No. 12-05-00018-CV.

188 S.W.3d 321 (2006)

PALESTINE WATER WELL SERVICES, INC., Appellant, v. VANCE SAND AND ROCK, INC., Appellee.

Court of Appeals of Texas, Tyler.

February 22, 2006.

Attorney(s) appearing for the Case

Daniel F. Dean & Jeffrey L. Coe, Palestine, for Appellant.

James D. Hankins, Sr., Palestine & M. Keith Dollahite, Tyler, for Appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J. and DeVASTO, J.

OPINION

JAMES T. WORTHEN, Chief Justice.

In this breach of contract case tried before a jury, the trial court entered an award in favor of Appellee Vance Sand and Rock, Inc. ("Vance Sand") and against Appellant Palestine Water Well Services, Inc. ("PWW"). PWW contends that no contractual warranty regarding production was ever made and therefore could not have been breached, no benefit of the bargain damages were proven, and attorney's fees were improperly...

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