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SHULER v. GORDIN

No. C-1196.

644 S.W.2d 446 (1982)

Harold R. SHULER, Petitioner, v. John T. GORDIN, Respondent.

Supreme Court of Texas.

On Rehearing December 8, 1982.

Attorney(s) appearing for the Case

Dalton, Moore, Forde, Joiner & Stollenwerck, Thomas K. Boone, Dallas, for petitioner.

Golden, Potts, Boeckman & Wilson, George Garrison Potts and Beverly Brown, Dallas, for respondent.

BARROW, Justice.

This is a suit for specific performance of a contract to purchase an apartment complex in Dallas. The apartment was owned by respondent, John T. Gordin, and was subject to a lien held by Boston Mutual Life Insurance Company securing payment of a note in the sum of $213,000. The contract between Gordin and petitioner, Harold R. Shuler, Trustee and/or Assigns, provided that it was subject to Boston Mutual's consenting to a subordinate deed of trust...

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