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HOUSTON PRINTING COMPANY v. TOM F. HUNTER.

Evidence — Malice — Damages.

Where the evidence contained in the record does not raise the issue of actual malice upon which a claim for exemplary damages could be based, no recovery could be had.

PER CURIAM:

We agree with the Court of Civil Appeals that the judgment of the trial court in this cause should be reversed. In our opinion, the evidence contained in this record does not raise the issue of actual malice upon which a claim for exemplary damages could be based. As to the legal sufficiency of the testimony introduced in support of the action for actual damages, we express no opinion thereon.

Opinion delivered June 23, 1937.

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HOUSTON PRINTING CO. v. HUNTER
(Jun 23, 1937)