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LOCKWOOD v. LISBY

No. 17277.

476 S.W.2d 871 (1972)

Elizabeth G. LOCKWOOD et al., Appellants, v. Howard Wayne LISBY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 3, 1972.

Attorney(s) appearing for the Case

R. V. Nichols, and John L. McLain, Fort Worth, for appellants.

Lattimore, Campbell, Beadles, Wood & Meier, and Darrell L. Keith, Fort Worth, for appellee.

OPINION

MASSEY, Chief Justice.

Judgment for an amount stipulated as damages because of a certain trustee's sale which divested appellee Lisby of title to realty was rendered for him against Mrs. Lockwood, trustee, and Mrs. Young, mortgagee, on the theory that the sale was in breach of contract. Mrs. Young and Mrs. Lockwood appealed.

Affirmed.

Correctly, we believe, the trial court treated Lisby's injury as vicarious, i. e., because his loss...

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