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PRICE v. WIMBERLY

No. 16998.

438 S.W.2d 870 (1969)

James L. PRICE, Attorney-in-Fact for Letha Kieth, Appellant, v. E. J. WIMBERLY et ux., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

March 14, 1969.

Attorney(s) appearing for the Case

Douthitt, Ritter & Stinson, and Thomas E. Stinson, Wichita Falls, for appellant.

Charles A. Allen, Marshall, John R. Lindsey, Jacksboro, for appellees.

OPINION

LANGDON, Justice.

This is a suit against E. J. Wimberly and wife Frances to rescind a lease of grass land. It was presented to the court without a jury.

The appellant (plaintiff) contends that the court erred in holding as a matter of law that delivery of the lease was valid because it was delivered to a third party who handed it over to the lessees in violation of the conditions for delivery agreed upon between lessor and the third party...

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