Marshall v. Telecommunications Specialists, Inc.

I respectfully dissent.

The majority opinion sustains appellant’s second point of error on the basis that there is no probative evidence concerning “the number of payments appellant made under the agreement or the date appellant breached the agreement.” I respectfully submit that it was not necessary for appel-lee to prove the date of default because both parties, at the beginning of the trial, stipulated there were no issues of fact as to the fact of default or the date of the breach. Before the first witness was sworn, the following transpired:

THE COURT: Okay. I asked what the controverted…