# Commercial Music Company v. Klag

> Court of Appeals of Texas · December 28, 1955 · 288 S.W.2d 168

URL: https://www.frixlaw.com/law-library/cases/9639830

## Case

- **Full name:** COMMERCIAL MUSIC COMPANY, Inc., Appellant, v. Daniel A. KLAG, Appellee
- **Court:** Court of Appeals of Texas
- **Decided:** December 28, 1955
- **Citations:** 288 S.W.2d 168; 1955 Tex. App. LEXIS 2369
- **Precedential status:** Published
- **Opinion:** On rehearing by Pope
- **Judges:** Murray, Pope
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9639830

## Opinion text

*173 On Motion for Rehearing.
POPE, Justice.
Plaintiff, Daniel A. Klag, pleaded damages by way of loss of income and profits. He pleaded expressly “That the above described machines and other machines of this character have no rental value * * By supplemental petition, plaintiff asked for recovery of the machines and for the loss of use and hire. All of plaintiff’s proof of damages related to the loss of income and profits and not to rental value. Loss of income and profits as proved is an entirely different measure of damages from the loss of use and hire. When the court submitted damage issues on loss of use and hire the defendant objected because there was no evidence to prove that kind of damages. The objections were overruled and the jury answered the issues of use and hire on the basis of the proof on loss of income and profits. The defendant again called the' error in submitting the damage issues to the court’s attention by motion for judgment non obstante veredicto, and again by motion for new trial. The defendant’s objection to the issues should have been sustained.
The motion for rehearing is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9639830. Public record. Not legal advice.