BLACK v. JOHNSON

No. 5764.

404 S.W.2d 382 (1966)

Lawrence BLACK, Appellant, v. George L. JOHNSON, Sr., et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied June 15, 1966.


Attorney(s) appearing for the Case

Lee Arnett, San Angelo, Murray Howze, Monahans, for appellant.

Ken Griffin, Odessa, for appellees.


OPINION

PRESLAR, Justice.

This was a suit for breach of an implied covenant against encumbrances on real property brought by appellees, as plaintiffs, against defendant-appellant, in which judgment was entered against defendant on his failure to appear on the date of trial. Motion for new trial was duly filed, presented and overruled, and defendant appeals.

We hold that the motion for new trial should have been granted.

Basis of plaintiffs...

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