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ACE DRUG MARTS, INC. v. STERLING

No. 793.

502 S.W.2d 935 (1973)

ACE DRUG MARTS, INC. and Ace-Dodd Pharmacy, Inc., Appellants, v. John STERLING and wife, Faye Bauer Sterling, Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied January 3, 1974.

Attorney(s) appearing for the Case

William S. Fly, Fly, Moeller & Stevenson, Victoria, Martin J. DeStefano, Austin, for appellants.

O. F. Jones, Victoria, Lawrence A. Dio, Port Lavaca, for appellees.

OPINION

YOUNG, Justice.

This is a suit to reform a lease and for sums due under the lease. John Sterling and wife, Faye Bauer Sterling, as lessors, of a building where they had operated the Sterling Drug Store, sued the lessee, Ace Drug Marts, Inc., and the assignee of the lease, Ace-Dodd Pharmacy, Inc., to reform the lease so as to charge the lessee, rather than lessor, with the payment of utilities. The plaintiffs also sought recovery of sums which the...

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