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SMITH v. NATIONAL RESORT COMMUNITIES, INC.

No. B-8168.

585 S.W.2d 655 (1979)

Warren H. SMITH et ux., Petitioners, v. NATIONAL RESORT COMMUNITIES, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied September 19, 1979.

Attorney(s) appearing for the Case

Hooper, Robinson & Moeller, Malcolm Robinson, Austin, for petitioners.

Clark, Thomas, Winters & Shapiro, Barry Bishop and Mary Joe Carroll, Austin, for respondent.

STEAKLEY, Justice.

This is a suit by Warren H. Smith and wife for rescission of a contract to buy a lakefront lot, and for restitution, with the damages alleged to be in the amount of the purchase price, $25,700, plus "a reasonable amount of interest on said amount from July 2, 1973, plus expenditures for taxes from such time." After trial to the court a take-nothing judgment was rendered. The trial court concluded that the Smiths had failed to prove the elements...

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