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CALAWAY v. GARDNER

No. 1184.

525 S.W.2d 262 (1975)

James C. CALAWAY, Appellant, v. Herman L. GARDNER, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.)

July 2, 1975.

Attorney(s) appearing for the Case

Lynn N. Hughes, Roy L. Wardell, Howard & Hughes, Houston, for appellant.

Ewing Werlein, Jr., Donald P. Butler, Vinson, Elkins, Searls, Connally & Smith, Houston, for appellee.

Tunks, Chief Justice.

On July 31, 1972, James C. Calaway, appellant herein, filed suit in the 21st District Court of Washington County against Herman L. Gardner, appellee herein, seeking judgment for specific performance of an alleged contract to sell realty. The trial court set fort September 3, 1974, at 2:00 P.M., a pre-trial hearing in the case. Both parties were given notice of said hearing. At the time for the pre-trial hearing, appellee's counsel timely appeared...

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