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REGAL PROPERTIES v. GREENBERG

No. 18863.

538 S.W.2d 190 (1976)

REGAL PROPERTIES, Appellant, v. Gilbert GREENBERG, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 24, 1976.

Attorney(s) appearing for the Case

Lawrence Fischman, Weil, Craig & Fischman, Dallas, for appellant.

Michael Greenberg, Irving, for appellee.

GUITTARD, Justice.

This case turns on whether the trial court should have rendered judgment for the plaintiff on a ground of recovery established by evidence at the trial but not supported by pleading. We hold that recovery was properly denied.

The action arose out of the lease of a building from Regal Properties to Murfy's Self Service Shoes, Inc. Gilbert Greenberg, president of Murfy's, signed the lease on behalf of the corporation. The lease grants the...

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