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HERZSTEIN v. ECHOLS AND LYNN

No. 18398.

517 S.W.2d 355 (1974)

Albert HERZSTEIN, Appellant, v. ECHOLS AND LYNN et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

November 21, 1974.

Attorney(s) appearing for the Case

Michael A. Henry, Houston, for appellant.

Charles O. Shields, Anderson, Henley, Shields, Bradford & Pritchard, Dallas, for appellees.

GUITTARD, Justice.

This suit involves a contract for sale of a tract of land on which a warehouse was located. The purchaser terminated the contract and sued the seller and the seller's agents to recover the earnest money deposit on the ground that the seller was unable to convey marketable title because the land was subject to a utility easement on which the warehouse was encroaching. Defendants contend that the easement was not a "title defect" within the meaning...

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