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Westside Wrecker Service Inc. v. Skafi, et al.

A jury found that Westside breached an oral contract with Skafi and Cannon. The trial court erred in awarding Skafi and Cannon damages for unpaid towing or storage because the alleged agreement creating liability for those damages is unenforceable under the statute of frauds. The trial court properly disregarded the jury's partnership-related findings because the evidence is not legally sufficient to support the existence of a partnership between Westside and Skafi or Cannon. Houston's 1st Court of Appeals, No. 01-10-00668-CV, 11-17-2011

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OPINION

Westside Wrecker Service, Inc. challenges the trial court’s judgment awarding damages for unpaid storage and towing fees to Patricia Davis Skafi, d/b/a Master Auto Body Shop and d/b/a North Loop Towing, and Dwight Cannon, d/b/a D.C. Wrecker. A jury found that Westside breached an oral contract with Skafi and Cannon, the parties had formed a partnership, and Westside breached various partnership duties to Skafi and Cannon. The trial court disregarded the jury’s liability findings on breach of contract and partnership duties, as well as some of the jury’s damages findings, but it entered judgment for Skafi and Cannon for unpaid towing and storage fees and attorney’s fees.

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