DocketNumber: No. ED 78180
Citation Numbers: 59 S.W.3d 33
Judges: Hoff, III, Russell
Filed Date: 9/11/2001
Status: Precedential
Modified Date: 10/1/2021
ORDER
Ronald Culver (hereinafter, “Culver”) appeals from the judgment entered against him in favor of Southwestern Bell Yellow Pages (hereinafter, “SWB”) on SWB’s breach of contract action. Culver claims the trial court erred in forcing him to elect between his counterclaims for negligent misrepresentation and fraudulent misrepresentation and in failing to instruct the jury on his claim for negligent misrepresentation.
We have reviewed the briefs of the parties, the legal file, and the transcripts and find that the trial court did not abuse its discretion in refusing to submit the negligent misrepresentation instruction. Hack