[Download] "W.W. Auto Parts v. Matry L. Hyak" by San Antonio No. 13748 Court of Civil Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: W.W. Auto Parts v. Matry L. Hyak
- Author : San Antonio No. 13748 Court of Civil Appeals of Texas
- Release Date : January 17, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
POPE, Justice. W.W. Auto Parts, Inc., as tenant, sued Matry L. Hyak, its landlord, for damages for breach of a lease agreement. The tenant failed to obtain jury findings of damages, and on the landlord's cross-action, the court rendered judgment against the tenant for unpaid rent in the sum of $4,500. On appeal, the tenant urges that the landlord breached the lease agreement and that the court should have ruled that there was a rescission from and after the breach. In suing for damages, the tenant affirmed the lease agreement and was bound by its rental obligations. Tenant did not plead or seek to prove a cause of action for rescission. It made no mention of that alternative relief in its motion for new trial. The tenant elected to sue for damages and lost its case on the only theory presented to the trial court, and we affirm the judgment. Texas Co. v. Ramsower, Tex.Com.App., 7 S.W.2d 872; Id., Tex.Com.App., 10 S.W.2d 537; Jenkins v. Northwestern Pipe & Supply Co., Tex.Com.App., 299 S.W. 857.