BOLTON v. ALVARADO

No. 01-86-00017-CV.

762 S.W.2d 215 (1988)

David R. BOLTON, Trustee, et al., Appellants, v. Eusebio ALVARADO, et al., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied November 10, 1988.


Attorney(s) appearing for the Case

Joe S. Maida, Maida & Feldt, Houston, for appellants.

Robert H. Fisher, Carl, Lee, Fisher & Coselli, Houston, for appellees.

Before EVANS, C.J., and JACK SMITH and WARREN, JJ.


OPINION ON REMAND

WARREN, Justice.

On rehearing, we withdraw our previous opinion on remand and substitute the following opinion.

In our original opinion, Bolton v. Alvarado, 714 S.W.2d 119 (Tex.App.—Houston [1st Dist.] 1986), rev'd, 749 S.W.2d 47 (Tex. 1988) (op. on reh'g), we held that in the absence of a finding of fraud or mistake, the doctrine of merger...

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