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RODRIGUEZ v. DIPP

No. 6557.

546 S.W.2d 655 (1977)

J. A. RODRIGUEZ et al., Appellants, v. Mike DIPP, Sr., Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied February 9, 1977.

Attorney(s) appearing for the Case

Gerald B. Shifrin, Pearson, Oden & Caballero, Ray Pearson, El Paso, for appellants.

Calhoun, Morton, Deason & Preslar, Ronald R. Calhoun, El Paso, for appellee.

OPINION

OSBORN, Justice.

This is a suit for damages by a landowner against the makers of a promissory note in a case in which the landowner subordinated his title to the owner of the note who foreclosed upon default by the makers of such note. The trial Court awarded damages based upon a jury finding as to the market value of the land at the time of foreclosure. We reverse and render.

By a Lease Agreement made on November 16, 1972, Mike Dipp, Sr...

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