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KUTNER-JONES DEV. CORP. v. FIDELITY TITLE CO.

No. 19526.

567 S.W.2d 81 (1978)

KUTNER-JONES DEVELOPMENT CORPORATION, Appellant, v. FIDELITY TITLE COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

May 26, 1978.

Attorney(s) appearing for the Case

Michael Lowenberg, Akin, Gump, Hauer & Feld, Dallas, for appellant.

Edward J. Drake, Brady, Drake & Wilson, Dallas, for appellee.

GUITTARD, Chief Justice.

This suit was brought by Kutner-Jones Development Corporation against Fidelity Title Company to recover $122,000 alleged to have been improperly paid by Fidelity out of the proceeds of a loan to Kutner-Jones. The trial court granted Fidelity's motion for summary judgment, and Kutner-Jones appeals, contending that fact issues are raised with respect to Fidelity's violation of its escrow instructions and its negligence in making the payment...

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