COTTON v. RATHOLES, INC.

No. C-4448.

699 S.W.2d 203 (1985)

Jo COTTON, as Community Survivor and Representative of the Estate of C.D. Cotton, Deceased, and Tommy Cotton, Petitioners, v. RATHOLES, INC., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied November 27, 1985.


Attorney(s) appearing for the Case

Forrest Bowers, Lubbock, for petitioners.

Rosser and Armstrong, Ernie B. Armstrong, Snyder, for respondents.


PER CURIAM.

This appeal concerns the adequacy of summary judgment proof in a suit for specific performance of a contract. In an unpublished opinion, the court of appeals affirmed the trial court's judgment for Ratholes, Inc., denying specific performance. We grant the application for writ of error and, without hearing oral argument, reverse the judgment of the court of appeals and remand the case to the trial court. Tex.R.Civ.P. 483.

In September, 1980, Ratholes...

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