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WEISSBERGER v. BROWN-BELLOWS-SMITH, INC.

No. 12909.

289 S.W.2d 813 (1956)

Ernest WEISSBERGER et al., Appellants, v. BROWN-BELLOWS-SMITH, Inc., et al., Appellees.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied May 3, 1956.

Attorney(s) appearing for the Case

Thomas J. Graham and Levert J. Able, Houston, for appellants Ernest Weissberger, Jack Goldman and May's Realty, Inc.

Fountain, Cox & Gaines and W. G. Fox, Houston, for E. S. Levy & Company, Ltd.

Frank Briscoe and George W. Rice, Houston, and Butler, Binion, Rice & Cook, Houston, of counsel, for appellees.

HAMBLEN, Chief Justice.

Appellants, Ernest Weissberger, Jack Goldman, and May's Realty, Inc., instituted this suit in the District Court of Harris County against appellee to recover damages for an alleged breach of a leasing contract. Appellee answered and filed a cross-action for damages based on appellants' failure to occupy the leased premises. At the conclusion of appellants' evidence, submitted before the court and a jury, the court, upon motion by appellee,...

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