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GUENTHER v. AMER-TEX CONST. CO.

No. 12387.

534 S.W.2d 396 (1976)

Jack GUENTHER, Independent Executor of the Estate of Rosalie M. McClure, Deceased, Appellant, v. AMER-TEX CONSTRUCTION COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

February 25, 1976.

Attorney(s) appearing for the Case

Keith E. Kaiser, William R. Simcock, Cox, Smith, Smith, Hale & Guenther, Inc., San Antonio, for appellant.

J. C. Reagan, Bartram, Reagan & Burrus, New Braunfels, and Robin P. Hartmann, Haynes & Boone, Dallas, for appellee.

SHANNON, Justice.

Appellee, Amer-Tex Construction Company, filed suit in the district court of Comal County against Rosalie M. McClure for specific performance of a contract to convey land. Before trial, Rosalie M. McClure died, and the independent executor of her estate, Jack Guenther, was made defendant. After trial to the court, the district court entered judgment for specific performance.

The contract to convey contained the following description of the...

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