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DLJ PROPERTIES/73 v. EASTERN SAV. BANK

No. 4956.

549 S.W.2d 754 (1977)

DLJ PROPERTIES/73, Appellant, v. EASTERN SAVINGS BANK, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 28, 1977.

Attorney(s) appearing for the Case

John W. Davidson, Terry Topham, Sawtelle, Goods, Davidson & Troilo, San Antonio, for appellant.

James D. Baskin, Jr., P. H. Swearingen, Jr., C. M. Montgomery, Matthews, Nowlin, Macfarlane & Barrett, San Antonio, for appellee.

McCLOUD, Chief Justice.

DLJ Properties/73, a New York limited partnership, sued Eastern Savings Bank, a New York corporation, in Bexar County, Texas, for specific performance and damages resulting from Eastern's failure to fund a permanent loan in connection with the construction of an apartment project in San Antonio, Bexar County, Texas. The suit is based upon a Tri-Party Agreement dated November 27, 1973, originally entered into by Richard C. Strauss of Dallas...

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