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ALLEN v. BOATWRIGHT

No. 6195.

618 S.W.2d 856 (1981)

George Wells ALLEN, Independent Executor of the Estate of C. W. Allen, Appellant, v. Mrs. D. A. BOATWRIGHT, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 9, 1981.

Attorney(s) appearing for the Case

C. Thomas Wesner, Jr., Wesner, Coke & Boyd, Dallas, for appellant.

Eugene D. Stewart, Petry & Petry, P. C., Carrizo Springs, for appellee.

HALL, Justice.

This suit was brought by the lessee of two tracts of land against the lessor-owner for specific performance of an alleged option to purchase one tract, and to enforce the continuance of the lease on the other tract. The lessor defended and sought cancellation of the instruments upon which the suit is based upon the ground that execution of the instruments was obtained by fraud, and also upon failure of consideration. Trial to a jury resulted in a take...

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