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PENNER CATTLE, INC. v. COX

No. 11-07-00377-CV.

287 S.W.3d 370 (2009)

PENNER CATTLE, INC., Appellant, v. Bill COX and Tom Nix, Appellees.

Court of Appeals of Texas, Eastland.

May 21, 2009.

Attorney(s) appearing for the Case

Charles Scarborough, Scarborough Law Firm, Abilene, TX, for appellant.

Burt L. Burnett, Daryl R. Hayes, Burnett & Burke, Abilene, TX, for appellees.

Panel consists of WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

RICK STRANGE, Justice.

Penner Cattle, Inc. filed suit against Bill Cox and Tom Nix alleging breach of contract. Cox and Nix counterclaimed, asserting a reciprocal breach of contract claim. The trial court conducted a bench trial, found for Cox and Nix on the liability issues, and awarded Cox actual damages of $252,712.14 and conditional attorney's fees in the event of an appeal. We modify and affirm in part and reverse and remand in part.

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