GILLER INDUSTRIES, INC. v. HARTLEY

No. 05-82-00019-CV.

644 S.W.2d 183 (1982)

GILLER INDUSTRIES, INC. and David J. Giller, Individually, Appellant, v. Clifton C. HARTLEY, Appellee.

Court of Appeals of Texas, Dallas.

December 17, 1982.


Attorney(s) appearing for the Case

Ronald E. Deutsch and W. Scott Berry, True & McLain, Dallas, for appellant.

Kenneth Horn, Murph & Horn, Dallas, for appellee.

Before STEPHENS, WHITHAM and GUILLOT, JJ.


WHITHAM, Justice.

Appellants, Giller Industries, Inc., as tenant, and David J. Giller, as guarantor, appeal from a judgment in favor of appellee, Clifton C. Hartley, the landlord, for breach of a lease agreement. In two points of error Giller contends Hartley waived the right to terminate the lease and that the great weight of the evidence established that Hartley failed to perform a special condition of the lease thereby releasing Giller from any liability under...

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