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MAGRAM v. LEWIS

No. 9266.

618 S.W.2d 420 (1981)

Samuel O. MAGRAM, Appellant, v. Royce C. LEWIS, Jr. and Royce C. Lewis, III, Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied July 15, 1981.

Attorney(s) appearing for the Case

Thomas J. Griffith, Ralph H. Brock, Lubbock, for appellant.

Bass & Hobbs, David Bass, Lubbock, for appellees.

DODSON, Justice.

Mr. Samuel O. Magram (the "Buyer") appeals from the judgment of the trial court specifically enforcing a contract for the sale of certain real property, "together with all ... furniture and fixtures located therein," executed by and between the Buyer and Royce C. Lewis, Jr. and Royce C. Lewis, III (the "Sellers"). Concluding that the trial court abused its discretion in granting specific performance because the Sellers failed to perform a material...

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