DILBECK v. BILL GAYNIER, INC.

No. 16175.

368 S.W.2d 804 (1963)

Charles S. DILBECK et al., Appellants, v. BILL GAYNIER, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 14, 1963.


Attorney(s) appearing for the Case

Turner, Rodgers, Winn, Scurlock & Terry, Frank J. Scurlock and Jerry N. Jordan, Dallas, for appellants.

Lefkowitz, Green, Ginsberg, Eades & Gilmore, John Plath Green, and Jack D. Eades, Dallas, for appellee.


BATEMAN, Justice.

This trespass to try title suit involves the construction of a provision in a deed which appellants contend is a condition subsequent or, in the alternative, a covenant. Alleging a breach of the provision, the appellants sue for a forfeiture of title as for breach of condition, and, in the alternative, for damages arising out of the breach of the covenant. Both parties moved for summary judgment; appellants...

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