Z.A.O., Inc. v. Yarbrough Drive Center Joint Venture

OPINION

BARAJAS, Justice.

This is an appeal from a judgment entered against Z.A.O., Inc. for breach of contract, nuisance, and trespass. For reasons stated below, we affirm in part, reverse and render in part, and reverse and remand in part.

I. SUMMARY OF THE EVIDENCE

A. Factual History

In 1990, Yarbrough Drive Center Joint Venture, (‘Yarbrough”), leased premises located in El Paso, Texas to Z.A.O., Inc., (“ZAO”), for use as a service/gas station. The 1993 lease agreement provided that the lease would end on March 31, 1994. On March 21, 1994, Bart Colwell, manager of Yarbrough, agreed to extend…