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MOONEY v. INGRAM

No. 19014.

547 S.W.2d 314 (1977)

Tom H. MOONEY, Independent Executor of the Estate of Henry E. English, Deceased, Appellant, v. Richard C. INGRAM, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 17, 1977.

Attorney(s) appearing for the Case

Logan Ford, J. Dan Bohannan, Burford, Ryburn & Ford, Dallas, for appellant.

Earl Luna, Luna, Murto & Sibley, Dallas, for appellee.

GUITTARD, Chief Justice.

Richard Ingram sued Henry English on a written contract for a share of the profits on sale of a ranch. The contract provides that English would reserve from the sale a part of the ranch on which the improvements were located, to be determined by a survey. No survey was made, and English later sold the entire ranch, but refused to pay Ingram any part of the profits. After suit was filed, English died and the suit proceeded against his executor...

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