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WHITWORTH v. MANGELS OF TEXAS, INCORPORATED

No. 3896.

347 S.W.2d 844 (1961)

John R. WHITWORTH, Executor of the Estate of J. L. Whitworth, Deceased, Appellant, v. MANGELS OF TEXAS, INCORPORATED, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 5, 1961.

Attorney(s) appearing for the Case

Tom H. Kee, Waco, for appellant.

Pat Beard, Waco, for appellee.

WILSON, Justice.

Appeal from order sustaining appellee's plea of privilege, primarily involving application of subdivision 5, Art. 1995, Vernon's Ann.Tex.Stat. Appellant alleged and proved a contract in writing under which appellee became lessee of a store building owned by appellant, described as being located in Waco, Texas. The contract authorized appellee to remove fixtures which it attached to the building, provided it should pay all damage resulting from such...

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