(Download) "Frymire Engineering Co. v. Patricia Grantham" by The Supreme Court of Texas No. B-5124 # eBook PDF Kindle ePub Free
eBook details
- Title: Frymire Engineering Co. v. Patricia Grantham
- Author : The Supreme Court of Texas No. B-5124
- Release Date : January 18, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Per Curiam This is a suit for damages based upon the negligent installation of wiring in which the defendant, Frymire Engineering Company, Inc. had on file a general denial, but failed to appear at trial. The trial court heard evidence from the plaintiff, Patricia Grantham, as to damages, but no evidence was introduced that the defendant installed the wiring. The court of civil appeals, after a remittitur, affirmed the trial court's judgment in favor of the plaintiff. 517 S.W.2d 820. The court of civil appeals held that there was no necessity for plaintiff to prove defendant's liability because the posture of this case allowed the entry of a judgment of nihil dicit (defendant says nothing). 517 S.W.2d at 825. That holding is in conflict with Tex.R.Civ.P. 92, which provides: