Liberty Sign Company v. Newsom

WALKER, Justice.

This suit was brought by Liberty Sign Company to recover accrued rent, liquidated damages and attorney’s fees alleged to be owing under its advertising display sign rental contract with Lee E. Newsom. The Court of Civil Appeals held that Liberty is not entitled to liquidated damages because: (1) Liberty had breached the lease contract by failing to replace the signs after they were removed by New-som’s assignee; and (2) Liberty, by demanding and accepting payment of accrued rent, had lost its alternative right to terminate the lease and claim liquidated damages. We do not…