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SPLIT DECISION-CONTRACT DAMAGES: Wong Grocery v. Lambkin, 04-16-00831-CV

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In today’s decision in Wong Grocery v. Lambkin, 04-16-00831-CV, the 4th Court addressed whether, in a landlord-tenant dispute, there was legally sufficient evidence of the proper measure of damage for the landlord’s breach of contract. The majority held the evidence was legally insufficient because it did not relate to the proper measure of damages. The dissent would have held that the damages award could have been affirmed on the basis that they were special damages. Both opinions agreed that the award of attorney’s fees was improper.

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