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BIRGE v. TOPPERS MENSWEAR, INC.

No. 17670.

473 S.W.2d 79 (1971)

William B. BIRGE et al., Appellants, v. TOPPERS MENSWEAR, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied October 29, 1971.

Attorney(s) appearing for the Case

Ralph Elliott, Elliott & Nall, Sherman, for appellants.

Jack G. Kennedy, Kennedy & Minshew, Professional Corp., Sherman, for appellee.

BATEMAN, Justice.

This is a suit for damages by the appellee Toppers Menswear, Inc. against its landlords William B. Birge and Mrs. Katherine B. Collie for alleged breach of a written lease. Appellee recovered judgment upon a jury verdict, and the landlords appeal.

The lease was dated April 1, 1967, and was for a term of five years with three renewal options of five years each given the tenant. The purpose stated was for the operation of a retail men's clothing...

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