[DOWNLOAD] "West v. Brenntag Southwest" by In the Supreme Court of Texas * eBook PDF Kindle ePub Free

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eBook details

• Title: West v. Brenntag Southwest
• Author : In the Supreme Court of Texas
• Release Date : January 20, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

This is an appeal from a judgment in favor of a current landowner, Marion Thomas West, Individually and d/b/a Royle Container Company (West), awarding him $1,024,986.30 in damages and $500,000.00 in exemplary damages against a former operator on the land, Brenntag Southwest, Inc., Successor in Interest to Delta Solvents and Chemical Company, formerly d/b/a Delta Container (Delta/Brenntag), who engaged in drum reconditioning and waste disposal that caused significant contamination of the property. West appeals the trial courts failure to award attorneys fees. Brenntag brings several points of error, raising issues of standing, nature of the injury to the land, breach of contract, and measure of damages. We sustain two of Brenntags cross-points of error, concluding that West lacked standing to bring a cause of action in negligence or nuisance for injury to his land and that the jurys findings regarding breach of an agreed order lacks support in the record. Based on those conclusions, we will overrule Wests point of error concerning attorneys fees. Accordingly, we will reverse the trial courts judgment and render judgment that West take nothing by his suit.

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