SPEEDEE MART INC. v. STOVALL

No. 07-81-0264-CV.

664 S.W.2d 174 (1983)

SPEEDEE MART INCORPORATED, Appellant, v. Rex STOVALL, Appellee.

Court of Appeals of Texas, Amarillo.

December 31, 1983.


Attorney(s) appearing for the Case

Whittenburg, Whittenburg & Schachter, Cary Schachter, Amarillo, for appellant.

Lovell, Lyle, Renfer, Moore & Lewis, Kyle Lewis, Dumas, for appellee.

Before REYNOLDS, C.J., and DODSON and COUNTISS, JJ.


COUNTISS, Justice.

This is a suit by the landlord, appellee Rex Stovall, to recover accrued rent and damages for anticipatory breach of a lease contract by the tenant, appellant Speedee Mart Incorporated. Because we have concluded that the trial court applied the wrong measure of damages, we reverse and remand.

Stovall leased a grocery store in Dumas to Speedee Mart for 10 years, for a total rental of $192,000.00, payable in 120 monthly installments of $1...

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