J & J SYSTEMS, INC. v. TOWERS OF TEXAS, INC.

No. 11-89-168-CV.

833 S.W.2d 532 (1991)

J & J SYSTEMS, INC., Gary Todd Baugh, David Lynn Baugh, Bruce Perrin Baugh, Stephen Scott Baugh, and Frances Edmonia Baugh White, Appellants, v. TOWERS OF TEXAS, INC., Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied May 2, 1991.


Attorney(s) appearing for the Case

Mary Ann Fergus, Don N. Seamster, Wagstaff, Alvis, Stubbeman, Seamster & Longacre, Abilene, for appellants.

William A. Hicks, Frank R. Stamey, McMahon, Surovik, Suttle, Burhmann, Cobb & Hicks, Abilene, for appellee.


OPINION

McCLOUD, Chief Justice.

This is an appeal from a judgment in favor of Towers of Texas, Inc. in a nonjury trial involving a radio transmission tower lease. We reverse and render.

On June 4, 1980, the predecessors in interest to the present lessors and lessee entered into a five-year lease of real property for the erection and maintenance of a radio transmission tower. The lease describes the property as follows:

Lessor hereby leases...

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