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SOUTHWEST TITLE INS. CO. v. NORTHLAND BLDG. CORP.

No. B-6390.

552 S.W.2d 425 (1977)

SOUTHWEST TITLE INSURANCE COMPANY, Petitioner, v. NORTHLAND BUILDING CORPORATION et al., Respondents.

Supreme Court of Texas.

Rehearing Denied June 29, 1977.

Attorney(s) appearing for the Case

Elmer H. Parish, Gene Richie, Wichita Falls, for petitioner.

Nelson, Montgomery & Robertson, David L. Tate, Wichita Falls, Keck & Barnes, Douglas A. Barnes, Dallas, Byron H. Schaff, Plano, for respondents.

REAVLEY, Justice.

This suit seeks either recovery under a mortgagee's title insurance policy or recovery because of the violation of a condition to the closing and disbursement of the mortgagee's funds. The trial court and Court of Civil Appeals have rendered judgment for the mortgagee. 542 S.W.2d 436. We hold that the mortgagee has shown a breach of the terms of the title insurance policy, but we sever and remand that claim because...

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