ELLIOTT v. JOSEPH

No. A-8416.

351 S.W.2d 879 (1961)

Nora Todd ELLIOTT et vir, Petitioners, v. Edward JOSEPH, Respondent.

Supreme Court of Texas.

Rehearing Denied and Dissenting Opinion Filed December 20, 1961.


Attorney(s) appearing for the Case

Hardy Hollers, Austin, for petitioner.

Cofer & Cofer, Douglass D. Hearne, with above firm, Austin, for respondent.


CULVER, Justice.

In this suit in the district court against Nora Todd Elliott and her husband, Roy C. Elliott, Edward Joseph sought a declaratory judgment to determine what amount of rent he is obligated to pay and an injunction to restrain the Elliotts from interfering with his enjoyment of the leasehold estate which he holds upon land owned by them.

In 1946 Joseph and the Elliotts entered into a written contract by the terms of which the Elliotts leased...

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