American Pozzolan Corp. v. Desert Trucking Co.

CADENA, Justice.

This is an appeal by defendant, American Pozzolan Corporation, from a judgment rendered against it awarding plaintiff, The Desert Trucking Company, $15,000.00 as damages. The judgment was based on jury findings of breach of contract by defendant.

Defendant first complains of the failure of the trial court to submit special issues inquiring (1) whether plaintiff had failed to perform its obligation under the contract to keep certain insurance in force, (2) whether plaintiff had assigned its rights under the contract, and (3) whether plaintiff had abandoned the contract.

The court…