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TUCHIN v. CHAMBERS

No. 17002.

439 S.W.2d 849 (1969)

Herbert L. TUCHIN, Trustee, Appellant, v. Wm. M. CHAMBERS, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied April 18, 1969.

Attorney(s) appearing for the Case

Tuchin & Weir, and William P. Weir, Fort Worth, for appellant.

Cantey, Hanger, Gooch, Cravens & Scarborough, and Estil Vance, Jr., Fort Worth, for appellee.

OPINION

RENFRO, Justice.

The plaintiff, lessee, sued for cancellation of a lease dated August 14, 1961, because of the alleged refusal of the lessor to allow joint use of an x-ray room in violation of the terms of the written lease agreement.

In answer to special issues the jury found (1) the provision for joint use of the x-ray room "constituted a material and substantial part of the lease," and (2) failure of plaintiff to demand joint use of the...

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