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Because the appellants did not request a jury charge question on two crucial fact questions, and neither the jury nor the trial court ever made any explicit findings on these issues, the appellants failed to prove they were entitled to revoke acceptance. As such, they were precluded from recovering damages for "cover," but instead, were entitled only to standard breach-of-contract damages under �2.714 of the Texas Business & Commerce Code.
April 25, 2005 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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