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ZACHRY v. CITY OF SAN ANTONIO

No. 13031.

296 S.W.2d 299 (1956)

H. B. ZACHRY, Trustee, Appellant, v. CITY OF SAN ANTONIO, A Municipal Corporation, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied October 31, 1956.

Further Rehearing Denied November 28, 1956.

Attorney(s) appearing for the Case

Johnson, Krog & Hite, Carl Wright Johnson, Bernard Ladon, San Antonio, for appellant.

Carlos C. Cadena, City Atty., San Antonio, for appellee.

POPE, Justice.

City of San Antonio sued H. B. Zachry, Trustee, to have a lease contract from the City to Zachry declared null and void. The trial court declared the contract void and Zachry has appealed.

The contract between the City and Zachry was a forty-year lease of the subsurface and certain entrances to Travis Park, a city park, by the terms of which Zachry agreed to construct and operate an off-street parking garage. Several troublesome questions are...

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