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R.B. TRACTORS, INC. v. MANN

No. 04-88-00401-CV.

800 S.W.2d 955 (1990)

R.B. TRACTORS, INC., Appellant, v. Rodney K. MANN and R.S. Mann Plumbing, Inc., Appellees.

Court of Appeals of Texas, San Antonio.

December 12, 1990.

Attorney(s) appearing for the Case

Richard D. Harrell, Law Office of Richard D. Harrell, San Antonio, for appellant.

Robert A. Valdez, John D. Wennermark, San Antonio, for appellees.

Before CADENA, C.J., and PEEPLES and BIERY, JJ.

OPINION

BIERY, Justice.

The opinion of this court delivered September 27, 1989 is withdrawn and this opinion is substituted.

By written contract, R.B. Tractors, Inc. ("Tractors") leased a piece of its trenching equipment and its trailer to Rodney K. Mann and R.S. Mann Plumbing, Inc. ("Mann"). During the time Mann had the equipment in its possession, the equipment fell off the trailer and sustained approximately $13,000 in damage. Tractors sued Mann...

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