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BOWEN v. BRISCOE

No. B-1666.

453 S.W.2d 287 (1970)

Brooks BOWEN et al., Petitioners, v. Alfred H. BRISCOE et ux., Respondents.

Supreme Court of Texas.

Rehearing Denied February 4, 1970.

Attorney(s) appearing for the Case

Garrett & Nation, John B. Garrett, Fort Worth, for petitioners.

Gerald Weatherly, Dallas, for respondents.

HAMILTON, Justice.

Plaintiffs-respondents, Alfred Briscoe et ux., brought this suit for specific performance of a contract wherein plaintiffs agreed to sell and defendants agreed to purchase real property. Defendants-petitioners, Brooks Bowen et al., answered that plaintiffs could not perform their obligation under the contract because part of the property described in the contract was encumbered by a highway easement. The trial court awarded judgment to plaintiffs...

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