WAGNER v. CITY OF SAN ANTONIO

No. 6635.

559 S.W.2d 672 (1977)

Carlos WAGNER et al., Appellants, v. CITY OF SAN ANTONIO, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied November 28, 1977.


Attorney(s) appearing for the Case

Appleberry, Deyeso & Haase, Inc., Frederick J. Deyeso, San Antonio, for appellants.

James M. Parker, City Atty., Jackson C. Hubbard, Asst. City Atty., San Antonio, for appellee.


OPINION

WARD, Justice.

The Plaintiffs, Appellants, as landowners and irrigators sued the City of San Antonio to recover damages for breach of contract occurring when the City stopped transporting sewage effluent from its Rilling Road Sewage Treatment Plant through a long established open canal. Trial was to a jury, but upon the termination of the Irrigators' case the trial Court granted the City's motion for an instructed verdict and entered judgment for...

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