Three Bears, Inc. v. Transamerican Leasing Co.

OPINION

OSBORN, Justice.

Our prior opinion in this case, dated November 2, 1977, is withdrawn and the following opinion is substituted therefor.

This is an appeal from a judgment in a jury-tried case. The trial Court, after vacating its first judgment, entered a second judgment for damages and attorney's fees as found by the jury. It appears from the record that this case has become a procedural nightmare for all concerned with the trial and the appeal.

Three Bears, Inc., was engaged in operating a chain of hamburger stands in San Antonio. In February, 1972, Three Bears ordered restaurant…