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ALMAR-YORK CO. v. FORT WORTH NATIONAL BANK

No. 16482.

374 S.W.2d 940 (1964)

ALMAR-YORK COMPANY, Inc., Appellant, v. The FORT WORTH NATIONAL BANK, Trustee of the Estate of Francis H. Sparrow, Deceased, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 14, 1964.

Attorney(s) appearing for the Case

Maurice Amidei, Fort Worth, for appellant.

Stone, Parker, Snakard, Friedman & Brown, and G. W. Parker, Jr., Fort Worth, for appellee.

RENFRO, Justice.

On August 9, 1960, The Fort Worth National Bank, Trustee of the Estate of Francis H. Sparrow, deceased, sued the Almar-York Company, Inc., for delinquent monthly rental payments on parts of Lots 23 and 26, a subdivision of A. Robinson Survey in Fort Worth.

The defendant, on September 6, 1960, filed an answer in which it alleged the written lease, on which suit was brought, was obtained by fraud on the part of plaintiff in that plaintiff represented...

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