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DUNLAP-SWAIN TIRE CO. v. SIMONS

No. 17371.

450 S.W.2d 378 (1970)

DUNLAP-SWAIN TIRE CO., Inc., Appellant, v. A. Pollard SIMONS et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 13, 1970.

Attorney(s) appearing for the Case

Willis T. Taylor, Golden, Burrow, Potts & Boeckman, Dallas, for appellant.

H. Dudley Chambers, Jackson, Walker, Winstead, Cantwell & Miller, Dallas, for appellees.

DIXON, Chief Justice.

This suit was brought by appellant Dunlap-Swain Tire Company, Inc. against appellees A. Pollard Simons and The Westgate Company, a corporation, for damages in excess of $100,000 for alleged breach of contract. The trial court sustained appellees' motion for summary judgment and rendered judgment that appellant take nothing.

A. Pollard Simons was the owner and developer of a suburban shopping center known as Webb Royal Shopping Center...

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