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Butler v. Holt Machinery Co.

Court of Appeals of Texas, San Antonio
Nov 25, 1987
739 S.W.2d 958 (Tex. App. 1987)

Opinion

No. 4-86-00295-CV.

November 25, 1987.

Appeal from Forty-Fifth District Court, Bexar County, Paul Rivera, J.

Robert L. Vale, San Antonio, for appellant.

Diana M. Geis, Gerald T. Drought, San Antonio, for appellee.

Before CADENA, C.J., and CANTU and REEVES, JJ.

ON APPELLANT'S AND APPELLEE'S MOTIONS FOR REHEARING


Appellant (Butler) and Appellee (Holt) have each filed a motion for rehearing. The motions are overruled except as to the computation of damages. Butler brings to our attention that the judgment entered by this Court fails to include $7,500.00 awarded

by the trial court to Butler as attorney fees for the successful dissolving of a writ of sequestration. Holt brings to our attention that the judgment of this Court does not credit the $50,000.00 awarded Butler by the trial court for the successful recovery of his usury claim to the judgment. Both contentions have merit.

Therefore, the original opinion of this Court is hereby corrected. Holt shall have judgment against Butler for $39,997.51.


Summaries of

Butler v. Holt Machinery Co.

Court of Appeals of Texas, San Antonio
Nov 25, 1987
739 S.W.2d 958 (Tex. App. 1987)
Case details for

Butler v. Holt Machinery Co.

Case Details

Full title:Jack BUTLER, Appellant, v. HOLT MACHINERY COMPANY, Appellee

Court:Court of Appeals of Texas, San Antonio

Date published: Nov 25, 1987

Citations

739 S.W.2d 958 (Tex. App. 1987)