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MOSER CO. v. AWALT IND. PROPERTIES, INC.

No. 9028.

584 S.W.2d 902 (1979)

MOSER COMPANY and Robert H. Thomas, Appellants, v. AWALT INDUSTRIAL PROPERTIES, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

July 11, 1979.

Attorney(s) appearing for the Case

Mark Mueller, Dallas, for appellants.

Jackson, Walker, Winstead, Cantwell & Miller, D. L. Case, C. Steven Matlock, Dallas, for appellee.

REYNOLDS, Chief Justice.

We hold, on this record, that a broker-negotiated lease of a separated warehouse space in a building was terminated, rather than modified and renewed, by the owner-tenant's substitution of a different separated space in the building on different terms. Accordingly, we affirm the trial court's instruction of a verdict against the broker in this action to recover renewal commissions on rentals payable...

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