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RUTTEN v. CAZEY

No. 10-87-042-CV.

734 S.W.2d 752 (1987)

C.J. RUTTEN, Appellant, v. Earl CAZEY, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied August 27, 1987.

Attorney(s) appearing for the Case

Rick S. Butler, Butler, Langford & Ewalt, P.C., Houston, for appellant.

Bryan F. Russ, Jr., James H. McCullough, Palmos, Russ, McCullough & Russ, Hearne, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Rutten from judgment for plaintiff Cazey for $10,523.30 against defendant Rutten as a result of defendant's failure to maintain an easement.

Plaintiff Cazey and his father Willie Cazey executed and delivered an easement to defendant on May 3, 1973. The easement provided that "Grantee agrees to build and maintain a four wire fence on each side...

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