GRUNDMEYER v. McFADIN

No. 904.

537 S.W.2d 764 (1976)

Louis J. GRUNDMEYER et al., Appellants, v. Nick McFADIN and Paul E. Casseb, Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied June 17, 1976.


Attorney(s) appearing for the Case

Pat Maloney, San Antonio, for appellants.

F. W. Baker, Matthew, Nowlin, MacFarlane & Barrett, San Antonio, for appellees.


McKAY, Justice.

Appellants brought suit against appellees seeking to cancel an earnest money contract for the sale of 129.636 acres of land located near the University of Texas at San Antonio. Appellees by cross-action sought specific performance of the contract. After a trial before a jury, the trial court rendered judgment on the verdict for appellants. On its own motion, however, while appellees' amended motion for new trial was pending, the court set aside that...

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