MORALES v. MARTINEZ

No. 6533.

545 S.W.2d 568 (1976)

Cesar A. MORALES, Appellant, v. Maria Gudelia MARTINEZ, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 20, 1977.


Attorney(s) appearing for the Case

Fansler, Reese & Palacios, Ricardo D. Palacios, Nat B. King, Laredo, for appellant.

Texas Rural Legal Aid, Inc., George P. Powell, Edinburg, El Paso Legal Assistance Society, Israel Galindo, El Paso, for appellee.


OPINION

WARD, Justice.

Suit was by Dr. Cesar A. Morales against Miss Maria Gudelia Martinez for specific performance of an option contract to sell 154 acres of land in Zapata County. Based upon jury findings which sustained separate equitable defenses of mutual mistake of fact, fraudulent representation and duress, judgment was entered for the Defendant. We reverse and render.

On April 2, 1968, the Plaintiff and the Defendant entered into a contract...

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