ORGAIN v. BUTLER

No. 11896.

478 S.W.2d 610 (1972)

John ORGAIN and Frank Meece, a Partnership, dba El Patio Apartments, Appellants, v. Sue BUTLER et al., Appellees.

Court of Civil Appeals of Texas, Austin.

March 22, 1972.


Attorney(s) appearing for the Case

Johnson & Trickey, Dale Ossip Johnson, Austin, for appellants.

James G. Boyle, Austin, for appellees.


O'QUINN, Justice.

Six apartment tenants brought this lawsuit to recover refunds of deposits made with their landlords, as security for full and faithful performance of the lease contracts, and for exemplary damages, upon refusal of the landlords to refund the deposits in full after expiration of the leases.

The landlords, prior to suit, tendered partial return of the deposits and sought to forfeit substantial portions of the deposits as penalties for property...

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