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HARPER BUILDING SYSTEMS, INC. v. UPJOHN CO.

No. 8051.

564 S.W.2d 123 (1978)

HARPER BUILDING SYSTEMS, INC., Appellant, v. The UPJOHN COMPANY, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied March 16, 1978.

Attorney(s) appearing for the Case

G. P. Hardy, III, Houston, for appellant.

Richard L. Josephson, Houston, for appellee.

CLAYTON, Justice.

This is an action brought by Harper Building Systems, Inc., against the Upjohn Company for damages resulting from breach of warranty. A separate suit was filed against appellee, Upjohn Company, by Porta-Courts, Inc., and the two suits were consolidated. Trial was to a jury on special issues. The parties to this appeal will be referred to as Harper and Upjohn.

The jury answered all liability issues in favor of Harper and awarded damages to...

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