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CARTWRIGHT v. THORNE

No. 5009.

466 S.W.2d 51 (1971)

Odette CARTWRIGHT, Appellant, v. E. P. THORNE, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 29, 1971.

Attorney(s) appearing for the Case

Hines, Lair & Dollinger, N. P. Hines, Jr., Dallas, for appellant.

Schroeder, Guest & Hoffmeyer, Kenneth R. Guest, Dallas, for appellee.

OPINION

WILSON, Justice.

Summary judgment for defendant was rendered in appellant's suit to set aside a trustee's sale and deed. Appellee filed a counterclaim for possession and for the alleged rental value of the property.

Appellant's first point is that the judgment was erroneous because there exist "genuine issues of fact". The other point is that "there is a material fact issue as to the rental value of the property" for which judgment was rendered...

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