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JOSEPH v. MAHONEY CORPORATION

No. 11070.

367 S.W.2d 213 (1963)

William J. JOSEPH, Appellant, v. The MAHONEY CORPORATION, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 18, 1963.

Attorney(s) appearing for the Case

Cofer, Cofer & Hearne, Austin, for appellant.

Powell, Rauhut, McGinnis, Reavley & Lochridge, Larry E. Temple, Donald F. Nobles, Morgan Hunter, Austin, for appellee.

ARCHER, Chief Justice.

Plaintiff sued defendant upon a written lease contract executed on April 5, 1956, covering premises leased from plaintiff to defendant at 1008 and 1010 Congress Avenue.

Paragraph 7 provided:

"It is agreed that Lessee shall pay all taxes in excess of taxes assessed against said property over and above City, County and State taxes for the year 1951."

It is stipulated that, if owned by defendant, plaintiff is entitled...

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