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ZACHRY v. CITY OF SAN ANTONIO

No. A-6160.

305 S.W.2d 558 (1957)

H. B. ZACHRY, Trustee, Petitioner, v. CITY OF SAN ANTONIO, Respondent.

Supreme Court of Texas.

Dissenting Opinion Filed October 9, 1957.

Rehearing Denied October 9, 1957.

Attorney(s) appearing for the Case

Carl Wright Johnson, Lang, Byrd, Cross & Ladon, Johnson, Hite & Callender, San Antonio, Looney, Clark & Moorhead, Austin, for petitioner.

Carlos C. Cadena, City Atty., San Antonio, Hollers & O'Quinn, Trueman E. O'Quinn, Austin, for respondent.

GRIFFIN, Justice.

This is a suit by respondent, hereinafter called City, against petitioner, hereinafter called Zachry, to cancel and set aside as void a lease contract entered into between City and Zachry on October 15, 1953 pursuant to an ordinance duly passed by the Council of City. By the contract City purported to lease to Zachry for a period of 40 years the right to construct and operate an underground parking garage...

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